Supreme Court - Daily Orders
Naresh Kumar Gupta vs State Of Punjab on 18 March, 2015
Bench: V. Gopala Gowda, C. Nagappan
1
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(s). 1285 OF 2011
NARESH KUMAR GUPTA ... APPELLANT(S)
VERSUS
STATE OF PUNJAB & ANR. ...RESPONDENT(S)
O R D E R
Learned counsel for the appellant states that the appellant has obtained 'No Objection Certificate', therefore, she has filed letter dated 9.03.2015 thereby making a request to delete her name. A copy of the same is made available for our perusal and approval. The same is accepted and the same is taken on record. She was asked to assist this Court as an officer of this Court though she has given no objection to the appellant to engage any other counsel. She has assisted this Court after going through the file.
She has made submission that there is civil suit pending against the appellant at the instance of the complainant-respondent No. 2 herein in respect of the Signature Not Verified same transaction, therefore, there is no need for the Digitally signed by Sushil Kumar Rakheja Date: 2015.05.09 11:18:53 IST Reason: appellant to face the criminal prosecution in relation to the alleged offence. This contention has not been 2 accepted by the High Court to quash the criminal proceedings initiated by the first respondent at the instance of the second respondent. Therefore, she requested this Court to set aside the order impugned and quash the criminal proceedings pending against the appellant.
We have heard learned counsel for the respondents and we have carefully perused the order impugned herein.
The learned Single Judge of the High Court after adverting to the various allegations contained in the complaint observed that on the basis of the complaint a preliminary enquiry was conducted and it was prima facie found that there is a cognizable offence against the appellant and the case is registered against the appellant. The criminal proceedings are sought to be quashed by the appellant contending that the allegations against him in the complaint do not constitute an offence. As could be seen from the documents produced, there is no interpolation over the figures, which, under Section 18 of the Negotiable Instruments Act, the words mentioned in the instrument prevail, therefore, the allegations do not constitute an offence alleged against the appellant. This 3 contention of the appellant was examined by the High Court in the backdrop of the allegations made in the complaint and the High Court also considered the pendency of the civil suit which was filed earlier and later as a matter of counter-blast the complaint is lodged against the appellant. All these aspects are considered by the High Court but it has rightly recorded valid reasons in the impugned order and declined to exercise its inherent jurisdiction. For the foregoing reasons, we do not find any ground, whatsoever, to interfere with the impugned order in exercise of this Court's jurisdiction. Consequently, the appeal is devoid of merit and is dismissed accordingly.
...........................J. (V. GOPALA GOWDA) ..........................J. (C. NAGAPPAN) NEW DELHI, MARCH 18, 2015 4 ITEM NO.102 COURT NO.9 SECTION IIB S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s). 1285/2011 NARESH KUMAR GUPTA Appellant(s) VERSUS STATE OF PUNJAB & ANR. Respondent(s) Date : 18/03/2015 This appeal was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE V. GOPALA GOWDA HON'BLE MR. JUSTICE C. NAGAPPAN For Appellant(s) Ms. Kaveeta Wadia, Adv. For Respondent(s) Ms. Anvita Cowshish, Adv.
Mr. Mohit Nain, Adv.
Mr. Kuldip Singh, Adv.
Mr. Jagjit Singh Chhabra,Adv. UPON hearing the counsel the Court made the following O R D E R The appeal is dismissed in terms of the signed order.
(S. K. RAKHEJA) (MALA KUMARI SHARMA)
COURT MASTER COURT MASTER
(Signed order is placed on the file)