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2020 (11) TMI 498 - HC - Indian Laws


Issues:
Petition to quash proceedings under Sections 138 & 142 of Negotiable Instruments Act - Jurisdiction of High Court under Section 482 Cr.P.C. - Applicability of previous judgments on quashing complaints or charges.

Analysis:
The petitioner sought to quash proceedings in C.C. No. 450 of 2015, claiming innocence and no commission of alleged offences under Sections 138 & 142 of the Negotiable Instruments Act. The counsel relied on a Supreme Court judgment in Crl.A.No.579 of 2019, emphasizing that the High Court cannot assess witness statements or findings during Section 482 Cr.P.C. proceedings but only during trial or appeal. Another SC case, Crl.A.No.1572 of 2019, reiterated that the High Court exceeded its jurisdiction by delving into disputed facts and defense details under Section 482 Cr.P.C. The SC in Crl.A.No.1817 of 2019 clarified that while invoking Section 482 Cr.P.C., the Court should not delve into evidence validity but only check if complaint allegations constitute the offences. The Court, aligning with these precedents, declined to quash the proceedings, directing the petitioner's presence during trial stages and setting a six-month trial completion timeline from the order's receipt.

Conclusion:
The High Court dismissed the criminal original petition, citing the inapplicability of the petitioner's arguments under Section 482 Cr.P.C. based on previous SC judgments. The Court emphasized adherence to trial procedures and timelines, rejecting the plea to quash the proceedings in C.C. No. 450 of 2015.

 

 

 

 

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