2022 (11) TMI 920

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....eversing the order of acquittal passed by learned Metropolitan Magistrate, 17th Court, Calcutta in Complaint Case No. C/200/92 into an order of conviction. 2. Briefly stated, the petitioners Prabhabati Devi and Shankar Prasad Shrivastab issued a cheque of Rs. 44,923/- on 9th September, 1991 in favour of Radhe Shyam Murarka in discharge of their liability to pay the value of 65 bags of gram supplied on 31st July, 1991. The cheque was presented by the drawee and was returned for want of fund with the remarks "Not arranged for". The complainant, thereafter, sent a notice dated 20th March, 1992 to the accused persons under registered post with acknowledgement due which came back with the endorsement "Not claimed". Thereafter, the petition of c....

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....tal cannot be converted into an order of conviction. Therefore, the judgement impugned, should not be allowed to remain in force. 7. Mr. Asif Hussain, learned Counsel, representing the Opposite Party No. 1 candidly submits that the law is not in favour of the Opposite Party No. 1 so far the judgement impugned is concerned. But Mr. Hussain submits that provision of Section 482 of the Cr.P.C. can always be invoked by this Court to undo the wrong if any appears to have been committed by learned Trial Court, in order to secure ends of justice. It is adverted by Mr. Hussain that learned Trial Court refused to accept the service of statutory notice under Section 138 of the N.I. Act as good service, as the envelope containing the notice was retur....

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....on to the exercise of inherent power of the High Court in the following manner:- "At the outset the following principles may be noticed in relation to the exercise of the inherent power of the High Court which have been followed ordinarily and generally, almost invariably, barring a few exceptions:- (1) That the power is not to be restored to if there is a specific provision in the Code for the redress of the grievance of the aggrieved party; (2) That it should be exercised very sparingly to prevent abuse of process of any Court or otherwise to secure ends of justice; (3) That it should not be exercised as against the express bar of law engrafted in any other provision of the Code." 10. Section 482 of Code of Criminal Procedure sa....

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....ound that the Opposite Party/complainant was prosecuting with due diligence with another prosecution the benefit of Section 470 of Criminal Procedure Code may be extended. 14. Section 470 of Criminal Procedure Code says:- "470. Exclusion of time in certain cases. (1) In computing the period of limitation, the time during which any person has been prosecuting with due diligence another prosecution, whether in a Court of first instance or in a Court of appeal or revision, against the offender, shall be excluded: Provided that no such exclusion shall be made unless the prosecution relates to the same facts' and is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entert....