Section 482 CrPC restraint prevents quashing of a prima facie cheque dishonour complaint despite belated challenge.

Inherent jurisdiction under Section 482 CrPC is to be exercised sparingly and not to test the truth, reliability, or sufficiency of allegations where the complaint discloses a prima facie offence. The text states that a complaint under Section 138 of the Negotiable Instruments Act, along with the summoning order and non-bailable warrant, was challenged belatedly after the summons remained unchallenged for a long period, and that the pendency of other proceedings did not bar the complaint. On that basis, no exceptional ground for interference at the threshold was found, and quashing was rejected.

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Issues: Whether the criminal complaint under Section 138 of the Negotiable Instruments Act, 1881, along with the summoning order and non-bailable warrant, should be quashed in exercise of inherent powers under Section 482 of the Code of Criminal Procedure, 1973.

Analysis: The application was founded on a challenge to the complaint proceedings and subsequent warrants after the summons had remained unchallenged for a long period. The record disclosed prima facie ingredients of the offence, and the Court found no material to justify interference at the threshold. Inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 is to be exercised sparingly, and not to undertake an enquiry into the truth, reliability, or sufficiency of the allegations where the complaint discloses a cognizable case or a prima facie offence. The Court also held that the pendency of other proceedings did not bar the complaint and that the request was essentially a belated attempt to challenge the process after issuance of non-bailable warrants.

Conclusion: The prayer for quashing was rejected, and the criminal complaint proceedings, summoning order, and warrants were not interfered with.

Ratio Decidendi: Inherent jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 cannot be used to quash criminal proceedings where the complaint discloses a prima facie offence and the allegations require trial, especially when the challenge is belated and no exceptional ground for interference is made out.

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