Case Note & Summary
The petitioners, Mrs. Shama G. Bothe and Mr. Guido Bothe, directors of Chinkara Motors Private Limited (CMPL), filed a criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking quashing of the proceedings in C.C. No.191/S/2014/A pending before the Chief Judicial Magistrate, Panaji Goa. The case arose from a complaint filed by respondent No.2, Mrs. Indira Patel, Director of M/s. Indian Ocean Cruises, alleging an offence under Section 138 of the Negotiable Instruments Act, 1881 (dishonour of cheque). The petitioners initially challenged two orders: one dated 28.12.2016 passed by the Magistrate and another dated 08.02.2018 passed by the Sessions Court. However, on 25th April 2018, the petitioners' counsel stated that they were not pressing for reliefs against those orders and were only pressing for quashing of the entire proceedings. The court recorded this statement. The main issue was whether the criminal proceedings should be quashed under Section 482 CrPC. The petitioners argued that the cheque in question was not issued for a legally enforceable debt and that the complaint was an abuse of process. The respondents opposed the petition, contending that the trial had already commenced and the petitioners' defences were matters for trial. The court analyzed the scope of Section 482 CrPC, noting that the inherent power is extraordinary and must be exercised sparingly, only to prevent abuse of process or secure ends of justice. Since the trial was at an advanced stage and the petitioners had not shown any exceptional circumstances, the court held that it was not a fit case for quashing. The petition was dismissed, and the trial was directed to proceed expeditiously.
Headnote
A) Criminal Procedure - Quashing of Proceedings - Section 482 CrPC - Inherent Powers - The petitioners sought quashing of criminal proceedings under Section 482 CrPC after the trial had already commenced. The court held that the power to quash is extraordinary and must be exercised sparingly, only to prevent abuse of process or secure ends of justice. Since the trial was at an advanced stage and the petitioners had not shown any exceptional circumstances, the petition was dismissed. (Paras 4-6)
B) Negotiable Instruments Act - Dishonour of Cheque - Section 138 - Defence at Trial - The petitioners raised defences regarding the validity of the cheque and the existence of a legally enforceable debt. The court held that such defences are matters of evidence to be considered at trial and cannot be grounds for quashing proceedings under Section 482 CrPC. (Paras 5-6)
Issue of Consideration
Whether the criminal proceedings in C.C. No.191/S/2014/A pending before the Chief Judicial Magistrate, Panaji Goa, ought to be quashed under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of India.
Final Decision
The petition is dismissed. The trial in C.C. No.191/S/2014/A shall proceed expeditiously.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC is an extraordinary power to be exercised sparingly
- only to prevent abuse of process or secure ends of justice
- once trial has commenced
- the court should be slow to quash proceedings
- the defence of the accused can be raised at trial
- inherent power cannot be used to bypass statutory remedies.
Case Details
Criminal Writ Petition No.84 of 2018
M. S. Sonak, C. V. Bhadang
Mr. Rizwan Merchant with Mr. Hemant Ingle and Mr. Sagar Sarmalkar for Petitioners; Mr. S. R. Rivankar, Public Prosecutor for Respondent No.1; Mr. S. Bhobe, Advocate for Respondent No.2
Mrs. Shama G. Bothe and Mr. Guido Bothe
State of Goa and Mrs. Indira Patel
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Nature of Litigation
Criminal writ petition under Article 226 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of proceedings in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, 1881.
Remedy Sought
The petitioners sought quashing of the proceedings in C.C. No.191/S/2014/A pending before the Chief Judicial Magistrate, Panaji Goa.
Filing Reason
The petitioners, directors of Chinkara Motors Private Limited, were facing criminal proceedings for dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881, and sought to quash the proceedings on the ground that the cheque was not issued for a legally enforceable debt and the complaint was an abuse of process.
Previous Decisions
The petitioners initially challenged the order dated 28.12.2016 passed by the Magistrate and the order dated 08.02.2018 passed by the Sessions Court, but later confined the petition to quashing of the entire proceedings.
Issues
Whether the criminal proceedings in C.C. No.191/S/2014/A ought to be quashed under Section 482 of the Code of Criminal Procedure, 1973 read with Article 226 of the Constitution of India.
Submissions/Arguments
The petitioners argued that the cheque was not issued for a legally enforceable debt and the complaint was an abuse of process of law.
The respondents contended that the trial had already commenced and the petitioners' defences were matters for trial, not for quashing under Section 482 CrPC.
Ratio Decidendi
The inherent power under Section 482 CrPC to quash criminal proceedings is extraordinary and must be exercised sparingly, only to prevent abuse of process or secure ends of justice. Once trial has commenced, the court should be slow to quash proceedings, and the defence of the accused can be raised at trial. In the absence of exceptional circumstances, quashing is not warranted.
Judgment Excerpts
The Petitioners, through their learned counsel, however, on 25th April, 2018, made a statement before this Court that they are not pressing for the reliefs in terms of prayer clauses (b) and (c) above, but are pressing for the relief only in terms of prayer clause (d) as above, i.e. for quashing of the proceedings in C.C. No.191/S/2014/A.
Therefore, it is quite clear that in the present petition, we are only required to go into the issue as to whether the Petitioners have made out any case for quashing the proceedings in C.C. No.191/S/2014/A.
Procedural History
The petitioners filed Criminal Writ Petition No.84 of 2018 before the High Court of Bombay at Goa under Article 226 of the Constitution of India and Section 482 CrPC. On 25th April 2018, the petitioners' counsel stated that they were not pressing for reliefs against the order dated 28.12.2016 of the Magistrate and the order dated 08.02.2018 of the Sessions Court, and were only pressing for quashing of the entire proceedings. The court recorded this statement and the petition was heard on merits. The judgment was reserved on 18th November 2019 and pronounced on 22nd November 2019.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 482
- Constitution of India: Article 226
- Negotiable Instruments Act, 1881: Section 138
