G. SAGAR SURI AND. ANR versus STATE OF C.P. AND ORS.

Citation: [2000] 1 S.C.R. 417 · Decided: 28-01-2000 · Supreme Court of India · Bench: S. SAGHIR AHMAD, D.P. WADHWA · Disposal: Appeal(s) allowed

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Judgment (excerpt)

G. SAGAR SURI AND. ANR
A
v.
STATE OF C.P. AND ORS.
JANUARY, 28, 2000
[S. SACJHIR AHMAD AND D. P. WADHWA, JJ.J
B
Criminal Procedure Code, 1973-Section 482-Jurisdiction of High
Court to quash criminal proceedin~-Criminal proceeding under Section
406/420 J.P. C. instituted while complaint under Section 138 Negotiable ln-
stmments Act pending-Application for discharge moved- High Court dis-
C
missed petition to quash proceedings--On appeal Held, power of High Court
to be exercised with great care to see that civil proceedings not given cloak of
criminal offence-Criminal proceedings are no short cut to other proceedings
in law.
Petition filed during pendency of application for discharge-Held, High
Court can exercise jurisdiction to quash the proceedings.
Appellants along with five others were alleged to have approached
D
the Complainant Finance Company and obtained a loan for an
automobile company. The cheques issued in repayment of the said loan E
were dishonoured and proceedings under Section 138, Negotiable Instru-
ments Act were instituted against the Automobile Company and its
directors including the appellants. Meanwhile the complainant lodged
F.l.R. Criminal proceedings under Sections 406/420 l.P.C. were also
instituted against the directors including the appellants.
The appellants applied for their discharge in the criminal proceed·
ings instituted under Sections 406/420 I.P .C. They also moved the High
Court under Section 482 Cr. P.C. for quashing of those proceedings. The
High Court dismissed the petition. Hence this appeal.
Allowing the appeal, this Court
F
G
HELD : 1.1. Jurisdiction under Section 482 Cr. P.C. has to be
exercised with great care. High Court is not to examine the matter
superficially, it is to be seen if a matter, which is essentially of civil H
417
418
SUPREME COURT REPORTS
(2000J 1 S.C.R
A nature, has been given a cloalj: of criminal offence. Criminal proceedings
are not a short cut to other remedies available in law. Certain principles
have been laid down on the basis of which High Court is to exercise ib
jurisdiction under this section to prevent abuse of the process of any
Court or otherwise to secure the ends of justice. [ 424-G-H]
B
1.2. High Court can exercise its jurisdiction under Section 482 Cr.
P.C. even if an application for discharge has been filed. [ 424-D]
Papsi Foods ltd. & Anr. v. Special Judicial Magistrate & Ors., [1998]
5 SCC 749; Ashok Chaturvedr & Ors. v. Shitul H. Chanchani & Anr.,
C [1998] 7 SCC 698; State of Kamataka v. L. Muniswamy & Ors., A.I.R.
(1977) SC 1489 = (1977] 3 SCR 113; Kurukshetra University & Anr. v.
State of Haryana, AIR [1977] SCC 2229 = [1977] 4 SCC 451 and
Chandrapal Singh v. Maharaj Singh, AIR (1982) SC 1238, relied on.
D
2. There is no occasion for the complainant to prosecute the appel-
E
F
G
H
lants under Sections 406/420 IPC and doing so is clearly an abuse of the
!.
2.
482. Saving of inherent powers of High Cuun • Nothing in this Code shall be deemed to
!imit or affect the inherent powers of the High Court to make such ordern a\ may be
nece~sary to give effect to any order under this Code, or to prevent abuse of the process
of any Court or otherwise to secure the ends of justice.
405. Criminal breuch of trust - Whoever, ~eing in •ny manner entrusted with property,
or with any dominion <•Ver property, dishone.'itly mi:.,ppropriates or conVert. to hi• own
use that property, or dishonestly uses or dispo'e.' ,,f that property in violation of any
direction of Jaw pre~cribing the mode in which ~uch trust is to he discharged, or of any
legal conll'act, e<P"'"' or implied, which he has m"de touching the discharge of such
trust, or wilfully suffer:> any other person so to do. commits "crimin3.l breach of trust".
406. Punishment for criminal breach of trusL - Whoe>"r commits criminal breach of trust
shall be punished with imprisonment of e>ther description for a term which may extend
to three years, or with fine, or with both.
415. Cheating. - Whoe,<r, by deceiving any person, frnudulently or dishonestly induces
the person :so deceived to dcli\ter .:iny property to any per.son, or to con!>ent that any
person <hall reta·:n any property, or intentionally induce> the person so deceived to do
or omit to do anything which he would ncot do or omit if he were not so deceived, and
which act or omission causes or is likely to cause dam'1ge or harm to that person in
body1 mind, reputation

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