Branch  Manager

Quashing of private complaint under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 IPC. – stop the payment of cheques as those are stolen- but Bank Manger received the cheque without intimation – the complainant received cheque bounce notices – High court dismissed the petition under sec.482 – Apex court held that It is no doubt true that the Courts have to be very careful while exercising the power under Section 482 Cr.P.C. At the same time we should not allow a litigant to file vexatious complaints to otherwise settle their scores by setting the criminal law into motion, which is a pure abuse of process of law and it has to be interdicted at the threshold. A clear reading of the complaint does not make out any offence against the appellant/Branch Manager, much less the offences alleged under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. We are of the view that even assuming that the Branch Manager has violated the instructions in the complaint in letter and spirit. It all amounts to negligence in discharging official work at the maximum it can be said that it is dereliction of duty.In view of our above discussion, we have come to an irresistible conclusion that continuation of the criminal proceedings against the appellant for commission of the alleged offence under Sections 34, 379, 411, 417, 418, 420, 467, 458 and 477 I.P.C. is a pure abuse of process of law and the complaint case deserves to be quashed in the interest of justice.We accordingly allow this appeal setting aside the impugned judgment of the High Court by quashing the criminal proceedings pending against the appellant in C.C. No. 2397 of 2012 under Sections 34, 379, 411, 418, 420, 467, 458 and 477 I.P.C. on the file of Additional Chief Judicial Magistrate, Ghaziabad, Uttar Pradesh.= RISHIPAL SINGH … APPELLANT VERSUS STATE OF U.P. & ANR. … RESPONDENTS = 2014 – July. Part – http://judis.nic.in/supremecourt/filename=41732

Quashing of private complaint under Sections  34, 379, 411, 417, 418, 420, 467, 458  and  477  IPC. – stop the payment of cheques as those are stolen- but Bank Manger received the cheque without intimation – the complainant received cheque bounce notices –  High court dismissed the petition under sec.482 – Apex court held that … Continue reading →