SUNIL SRIVASTAVA Vs. ASHOK KALRA

JUDGEMENT

(1.) The petitioner is an accused in a criminal complaint filed by the respondent for his prosecution for offence under Section 138 of Negotiable instrument Act (in short the Act) before a court in Delhi. He has filed this petition under Section 482 of Cr.P.C. for quashing of this criminal complaint.

(2.) Supreme Court in Rajender Prasad Versus Bashir & Others, 2001 111 AD(Cr)sc 384 after referring to the earlier judgment in Krishnan and another Vs. Krishnaveni and another 1997(4) SCC 241 held that the High Court should exercise its inherent power under Section 482 Cr.P.C. in special circumstances. In Krishnan and another (supra) the supreme Court had laid down that the High Court may exercise power under Section 482 Cr.P.C. where High Court finds that there had been failure of justice or misuse of judicial mechanism or procedure, sentence or order was not correct, the High Court may, in its discretion prevent the abuse of the process or miscarriage of justice. It is now well settled that a criminal complaint which does not disclose commission of offence may be quashed in order to prevent abuse of process. In the light of the above law, 1 proceed to decide the petition on its merit.

(3.) The grounds on which the petitioner wants this criminal complaint to be quashed may be summarised as below:-