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2020 (11) TMI 498 - HC - Indian LawsDishonor of Cheque - offences under Sections 138 142 of Negotiable Instruments Act - petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution - HELD THAT - The issue decided in the case of DEVENDRA PRASAD SINGH VERSUS STATE OF BIHAR ANR. 2019 (4) TMI 1876 - SUPREME COURT where it was held that High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings. The judgment is squarely applicable to this case and as such, the points raised by the petitioner cannot be considered by this Court under Section 482 Cr.P.C. This Court is not inclined to quash the proceedings in C.C.No. 450 of 2015 on the file of the learned Judicial Magistrate, Valliyoor, Tirunelveli District. The petitioner shall be present before the Court at the time of furnishing of copies, framing charges, questioning under Section 313 Cr.P.C. and at the time of passing judgment. The trial Court is directed to complete the trial in C.C. No.450 of 2015 , within a period of six months from the date of receipt of copy of the order - Petition dismissed.
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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