2021 (7) TMI 818

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....nos. 2 and 3 have challenged the proceedings more particularly after the non-bailable warrant came to be issued on them. They had not challenged the summoning order at the first instance. 4. As far as averments made in the application are concerned it has been submitted by the learned A.G.A., are not such which would permit this Court to quash the proceedings. The provisions of Section 482 of Cr.P.C. for quashing are not made out. 5. Facts as narrated in brief are that a proposal for O.T.S. was submitted by Pratima Singh, Chair Person with an application to Chief Manager, Bank of India Lohatia Branch, Varanasi; Bank of India accepted the O.T.S. proposal on certain conditions which are accepted by the applicants; A resolution was passed giving number of 4 Cheques No. 7405, 7406, 7407 and 7408 dated 30.11.2018, 30.12.2018, 30.01.2019 and 01.02.2019; Letter mentioning Cheque Nos. and dated were submitted before the Chief Manager by the Trust; Letter for renewal of O.T.S. by giving 4 new Cheques No. 7419, 7420, 7417 and 7418 dated 20.01.2019, 08.02.2019, 28.02.2019 and 25.03.2019 which was submitted before Zonal Manager; Letter for payment of dues under O.T.S. by giving 4 new Cheques....

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....sued this is a clear device of challenging the entire proceedings under Section 482 Cr.P.C. It is not known if the police has already arrested the accused as the warrants were issued long back before one year. The summoning order is dated 29.04.2019 which means that for a period of two years the respondents have not appeared before the learned Magistrate. 9. It is submitted by learned A.G.A. that the present application is devoid of merits just because there are litigation pending before DRT and DRAT Allahabad and complaint cannot be quashed. It cannot be said that the proceedings are bad. No case is made out for interference under Section 482 Cr.P.C. at this juncture. 10. Hence, the application is required to dismissed. However if the applicants choose, they may appear before the Court below and if the non-bailable yet not served on them, they may request the Court for recalling of non-bailable warrants. 11. It is a after thought only after the non-bailable warrants were issued that the applicants have approached this Court, they did not appear before the Court below nor challenge the summoning order were issued. The summoning order were never challenged. The submission of Sri ....

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....the absence of a proper investigation in a case where an offence is disclosed , the offender may succeed in escaping from the consequences and the offender may go unpunished to the detriment of the cause of justice and the society at large. Justice requires that a person who commits an offence has to be brought to book and must be punished for the same. If the court interferes with the proper investigation in a case where an offence has been disclosed, the offence will go unpunished to the serious detriment of the welfare of the society and the cause of the justice suffers. It is on the basis of this principle that the court normally does not interfere with the investigation of a case where an offence has been disclosed.... Whether an offence has been disclosed or not must necessarily depend on the facts and circumstances of each particular case.... If on a consideration of the relevant materials, the court is satisfied that an offence is disclosed, the court will normally not interfere with the investigation into the offence and will generally allow the investigation into the offence to be completed for collecting materials for proving the offence. "(emphasis supplied)." 14. It....

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....he High Court would persuade it to exercise its power under Section 482 CrPC to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice. As observed by Hon'ble Apex Court, the powers vested in the High Court under Section 482 of the Code, when exercised, have far reaching consequences, most important being the consequence that it would negate the prosecution's/ complainant's case without allowing the prosecution/ complainant to lead evidence and that, therefore, the exercise of the said powers should be with utmost caution, care and circumspection. This is a case which cannot be said to be one where extraordinary power require to be exercised as basic ingredients of the alleged offences are there. 16. In view of the above, I do not feel that this petition requires to be entertained. The petition is devoid of merits and is dismissed. Interim relief is vacated forthwith. The police shall take action immediately regarding non-bailable warrants. Writ be sent to the concerned police station to take further action. 17. Moreover recently the Division Bench while exercising a broader jurisdiction under Article 226....