Case Note & Summary
The Supreme Court of India dealt with a criminal appeal arising from a special leave petition under Article 136 of the Constitution of India. The appellant, A.S. Bindra, challenged the judgment of the High Court of Uttarakhand, which had dismissed his petition under Section 482 of the Criminal Procedure Code, seeking to quash Criminal Complaint No.192 of 1996 for an offence under Section 138 of the Negotiable Instruments Act, 1881. During the appeal's pendency, the Chief Judicial Magistrate, Dehradun, dismissed the complaint on December 2, 2008. The Supreme Court noted that since the underlying complaint had been dismissed, the appeal had become infructuous. Consequently, the Court disposed of the appeal as infructuous, with no order as to costs. The decision underscored the principle that an appeal cannot be maintained if the underlying issue has been resolved, thus rendering the appeal moot.
Headnote
A) Criminal Procedure - Quashing of Complaint - Infructuous Appeal - Criminal Procedure Code, 1908, Section 482 - The appeal was filed against the dismissal of a petition for quashing a complaint under Section 138 of the Negotiable Instruments Act. However, the complaint was dismissed by the Chief Judicial Magistrate during the pendency of the appeal, rendering the appeal infructuous. Held that the appeal could not proceed further (Paras 3-4).
Issue of Consideration
Whether the appeal for quashing the complaint under Section 482 of the Criminal Procedure Code was maintainable after the dismissal of the complaint by the Chief Judicial Magistrate.
Final Decision
The Supreme Court dismissed the appeal as infructuous due to the dismissal of the underlying complaint by the Chief Judicial Magistrate.
Law Points
- Quashing of complaint
- Infructuous appeal
- Dismissal of complaint under Section 138
- Criminal Procedure Code
- 1908
- Section 482
