SUPREME COURT OF INDIA: CRIMINAL APPEAL NO. 2328 OF 2022
DEEPAK GABA AND OTHERS … APPELLANTS
VERSUS
STATE OF UTTAR PRADESH AND ANOTHER … RESPONDENTS
This appeal by Jotun India Private Limited (JIPL), Deepak Gaba – Regional Sales Manager – North (Decorative), and Sanjay Ramachandran Nair – Sales and Marketing Director (Decorative), takes exception to the order dated 30th March 2022, whereby the High Court of Judicature at Allahabad has dismissed their petition under Section 482 of the Code of Criminal Procedure, 19731 , challenging the summoning order dated 19th July 2018 passed by the Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, Uttar Pradesh, the operative portion of which, reads as under: “On the basis of evidence available on records and on the basis of statement of Complainant, the charge isappearing prima facie regarding showing forged demand of Rs. 6,37,252.16 against the Complainant by the Opponents Manager Jotun India Pvt. Ltd. Delhi, Chief Manager Jotun India Pvt. Ltd. Andheri East, Mumbai. Hence, the Opponents Manager Jotun India Pvt. Ltd. through Chief Manager Jotun India Pvt. ltd. Andheri East, Mumbai is liable to (be) summoned for trial in section 406 I.P.C. for trial prima facie.”
Para 22: While summoning an accused who resides outside the jurisdiction of court, in terms of the insertion made to Section 202 of the Code by Act No. 25 of 2005, it is obligatory upon the Magistrate to inquire into the case himself or direct investigation be made by a police officer or such other officer for finding out whether or not there is sufficient ground for proceeding against the accused.18 In the present case, the said exercise has not been undertaken.
25. For the aforesaid reasons, the appeal is allowed. The order of the High Court dated 30th March 2022 in the Application u/s 482 No. 31828 of 2019; the summoning order dated 19th July 2018 in the Complaint No. 3665 of 2017 and the order issuing non-bailable warrant dated 3rd June 2019 in the above complaint passed by the Additional Chief Judicial Magistrate, Court No. 8, Ghaziabad, Uttar Pradesh are set aside and quashed.
Para 24: We must also observe that the High Court, while dismissing the petition filed under Section 482 of the Code, failed to take due notice that criminal proceedings should not be allowed to be initiated when it is manifest that these proceedings have been initiated with ulterior motive of wreaking vengeance and with a view to spite the opposite side due to private or personal grudge. 19 Allegations in the complaint and the pre-summoning evidence on record, when taken on the face value and accepted in entirety, do not constitute the offence alleged. The inherent powers of the court can and should be exercised in such circumstances. When the allegations in the complaint are so absurd or inherently improbable, on the basis of which no prudent person can ever reach a just conclusion that there is sufficient wrong for proceeding against the accused, summons should not be issued.
………………………………..J. (SANJIV KHANNA)
NEW DELHI; JANUARY 02, 2023 …………………………………J. (J.K. MAHESHWARI)
