2021 (11) TMI 727

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....is Court under Section 482 of the Cr.P.C. to acquit the applicant from the charge under Section 138 of the Negotiable Instruments Act on the basis of the compromise entered into between the parties. 2. The facts of the case, in brief, are that the applicant has been convicted by the trial Court vide judgment dated 27.7.2016 passed in R.T. No. 623/2014 under Section 138 of the Negotiable Instrumen....

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....7 and Rs. 4,00,000/- on 8.2.2019 vide banking cheque No. 062974. The respondent is satisfied with the amount and does not want to prosecute the case. 4. A coordinate Bench of this Court vide order dated 25.2.2019 passed in aforesaid criminal revision directed the parties to record their statement before the Registrar (Judicial). 5. In compliance of the order dated 25.2.2019, the parties appeared....

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....intain the application as well as the revision. 6. After dismissal of aforesaid revision, this petition under Section 482 of the Cr.P.C. has been filed by the applicant to acquit the applicant from the charge under Section 138 of the Negotiable Instruments Act on the basis of the compromise entered into between the parties. In my considered opinion, it is a case of abuse of process of law. It is ....

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..... ...It is true that under Section 482 of the Code, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions "abuse of the process of law" or "to secure the ends of justice" do not confer unlimited jurisdiction on the High Cour....