The inherent power of the High Court under Section 482 Cr.P.C. should not be misused and should be used to prevent the abuse of process of law and miscarriage of justice.

The accused in C.C.No.1015 of 2003 on the file of the learned Judicial Magistrate No.2, Coimbatore has brought forth this criminal original petition under Section 482 Cr.P.C. seeking an order quashing the proceedings pending against him in the above said Calendar case which was initiated based on the private complaint made by the respondent herein for an offence punishable under Section 138 Negotiable Instruments Act, 1881.

2. The facts relating to the filing of the above said private complaint are as follows;

i) The petitioner herein was extended financial assistance by the respondent corporation by sanctioning a loan of Rs.1,69,000/-on 14.01.2003 for the purchase of a house site in Erode. The said amount was agreed to be repaid in 96 monthly instalments. In discharge of part of his liability under the said loan transaction, the petitioner herein had issued six post dated cheques with the following particulars;

ii) When all the six cheques were presented by the respondent corporation for encashment through their bankers, M/s. Canara Bank, Coimbatore on 10.07.2003, the cheques were, however, dishonoured by the drawee bank and returned with the memo dated 18.07.2003 containing the reason "funds insufficient". The fact of dishonour was intimated to the respondent corporation(complainant) by its bankers on 24.07.2003, pursuant to which, the respondent corporation issued a statutory notice on 30.07.2003 calling upon the accused to make the payment towards the dishonoured cheques. As the amount covered by the dishonoured cheques was not paid within 15 days from the date of receipt of notice, the respondent corporation preferred the said complaint admittedly within 30 days after the expiry of 15 days from the date of receipt of the statutory notice.

iii) The complaint was taken on file by the learned Judicial Magistrate, No.2, Coimbatore and registered as a Calendar Case in C.C.No.1015 of 2003 after recording the statement of the complainant under Section 200 Cr.P.C. The present petition is for quashing the said criminal proceedings pending on the file of the said Magistrate.

3. The grounds alleged are;-

i) A single complaint against the dishonour of six cheques is not permissible under Section 219 Cr.P.C.;

ii) There are contradictions regarding the time and the purpose of the issue of the cheques between plaint averments in the suit filed for recovery of the loan amount and the averments made in the complaint;

iii) A bunch of blank cheques, obtained at the time of disbursement of the loan amount to ensure repayment, have been misused by filing the complaint;

iv) As the cheques were issued towards monthly instalments, presentation of all the six cheques together without informing the petitioner led to the situation wherein there was insufficiency of the funds for making payment towards the cheques and hence the petitioner should not be held responsible for the bouncing of the cheques;

v) The presentation of six cheques for encashment within the moratorium period of six months form the date of disbursement of the loan was improper and hence the petitioner cannot be held reasonable for bouncing of all the six cheques; and

vi) All the cheques had been issued as security for the repayment of the loan regarding which a mortgage suit has been filed and hence the respondent has no locus standi to seek compensation under Section 357 Cr.P.C.

4. The respondent herein/complainant has filed a counter affidavit challenging all the grounds on which the petitioner seeks quashing of the criminal proceedings against him. It has also been contended by the respondent that there is suppression of material facts of the dismissal of the discharge petition filed by the trial Court and the dismissal of the revision petition filed thereto; that the petitioner deliberately suppressed the above said fact knowing fully well that he could not get the relief if the facts were brought to the notice of this Court and that inherent powers of the High Co