- (1.) This application Under section 482 of the Criminal Procedure Code for quashing of the proceedings in C/965 of 2010, pending in the court of the Ld. Judicial Magistrate ,no-5,Alipore, 24-Parganas (south) has been taken out by Smt. Sibani Purkayastha , who has been made accused in the case ,mainly , on the grounds , stated below :- (a)that the cheques in dispute were stolen by the complainant from his house in July,2009 and one General Diary was recorded to that effect in the local P.S.; (b)that there is no legally enforceable debt/liability to be discharged by petitioner; (c)that she has been falsely implicated in this case & continuance of the proceedings will be abuse of the process of the court.
(2.) Mr. Dinendra Nath Chatterjee , Ld. Counsel for the petitioner contended that in case it is clearly found that the proceeding is entirely and absolutely false, question of continuation of such a proceeding does not arise as that would be amounting to gross miscarriage of justice . In order to prevent such frivolous & false criminal case , court should exercise its extraordinary power and quash the same. He has drawn attention of his court to the annexures to the application and submitted that ,ex facie , it appears that the cheques were stolen cheques and the police station concerned was informed about the stolen chuques then and there and that too, long before filing of the case.
(3.) It is trite law that high court may exercise its extraordinary power under section 482 in exceptional cases and sparingly. A criminal action can not be thwarted at the inception unless the allegations and aspersions set forth in the petition of the complaint even accepted in their face value & uncontroverted ,does not make out any case against the accused .Therefore , it is necessary to look at the petition of complaint in order to ascertain whether or not any case , prima facie , is made out under section 138 of the N.I. act against the accused/petitioner.;