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2020 (3) TMI 363 - HC - Indian Laws


Issues:
Application under Section 482 Cr.P.C. for quashing criminal proceedings and interim relief against attachment of salary and non-bailable warrant.

Analysis:
The applicant filed an application under Section 482 Cr.P.C. seeking to quash the proceedings in Criminal Case No. 1775 of 2004 related to dishonour of a cheque under Section 138 of the Negotiable Instruments Act. The matter was pending for a long time, and the court decided in absence of contesting parties. The applicant had previously filed applications showing irregularities in the proceedings, which were rejected by the Chief Judicial Magistrate and the Revisional Court. Subsequently, a non-bailable warrant was issued against the applicant. However, the applicant did not challenge the orders passed by the Revisional Court or the non-bailable warrant in the present application.

The court noted that the summoning order was not challenged by the applicant, and the technical issues of limitation in filing the proceeding under Section 138 of the Negotiable Instrument Act were considered by the lower courts. The power under Section 482 Cr.P.C. is specific and wide, aimed at securing the ends of justice and preventing the abuse of court processes. The court cited various judgments emphasizing that the High Court should not embark on an enquiry into the reliability of evidence at the Section 482 stage.

Referring to a recent Supreme Court judgment, the court held that the High Court cannot appreciate evidence under Section 482 Cr.P.C., as issues of contradictions or inconsistencies in witness statements are to be addressed during trial. In the present case, the court found no sufficient grounds to quash the criminal proceedings and dismissed the application under Section 482 Cr.P.C. The trial court was directed to expedite the case according to the law.

 

 

 

 

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