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TMI Blog2001 (5) TMI 966X X X X Extracts X X X X X X X X Extracts X X X X ..... 24877/96. The imputations made are to the following effect:- "However Mr. M.N.Damani removed the cheque book at 9-30 by forcibly breaking open the drawer and made the accrued 2 and 4 to write and sign by forge/threat as mentioned in the correspondence." "Mr. M.N. Damani had collected the cheques from us forcefully at 9-30 p.m. by threatening to hit us by lifting the office chair and by forcefully break opening the drawer of table containing the cheque book which was locked by our Accountant while leaving the office for the day." 3. The Magistrate found these allegations as false and convicted the respondents (accrued) for the offence under Section 138 of the Negotiable Instruments Act on 17.12.1998. An appeal filed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Metropolitan Magistrate, Mayo Hall Court, Bangalore. After hearing the learned counsel for the respondents and the appellant (party-in-person) the learned single Judge of the High Court allowed the petition and quashed the proceedings in C.C.No. 25353/99. Hence this appeal is brought before this Court assailing the order or the High Court. 6. Mr.L.Nageswara Rao, learned senior counsel 1 for the appellant, contended that the impugned order is, on the face of it, unsustainable. According to him the High Courts was not right in interfering with the order passed by the learned Magistrate issuing summons to the respondents prima facie finding a case against them for proceeding with the complaint. In support of his submissions he cited two dec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IR 1925 Rang 360, Anthoni Udayar and others vs. Velusami Theyar and another (1948)1MLJ420 and Baboo Gunnesh Dutt Singh vs. Mugneeram Chowdry and others 1872 WR 11 SC 283. 8. We have considered the rival submissions. The High Court relying g on para 7 of the judgment in Madhavrao Jiwaji Rao Scindia and another vs. Sambhajirao Chandrojicao Angre and other. 1988CriLJ853 : 1988CriLJ853 exercising jurisdiction under Section 482 quashed the proceedings. The learned judge Section 482 quashed the proceedings. The learned Judge did not bestow his attention to the facts of that case and the discussions made in paras 6 and 8 of the said judgment. In that case the complaint was filed for offences punishable under Sections 406 and 407 read with Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egard to various factors including the nature of offence, relationship between the parties. the trust deed and correspondence following the creation of tenancy. The High Court has read para 7 in isolation. If para 7 is read carefully two aspects are to be satisfied; (1) whether the uncontroverted allegations, as made in the complaint, prima facie establish the offence, and (2) whether it is expedient and in the interest of justice to permit a prosecution to continue. On plain reading of the order of the Magistrate, issuing summons to the respondents keeping in view the allegations made in the complaint and sworn statement of the appellant it appears to us that a prima facie case is made out at that stage. There are no special features in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d right in law quashing the criminal proceedings that too exercising its jurisdiction under Section 482 Cr.P.C. 11. Para 6 of the judgment in Sewakram's case (supra) reads:- "6. The order recorded by the High Court quashing the prosecution under Section 482 of the Code is wholly perverse and has resulted in manifest miscarriage of justice. The High Court has prejudged the whole issue without a trial of the accused persons. The matter was at the stage of recording the plea of he accused persons under Section 251 of the Code. The requirements of Section 251 are still to be complied with. The learned Magistrate had to ascertain whether the respondent pleads guilty to the charge or demands to be tried. The circumstances brought out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pra) reads:- "13. As regards the allegations made against the appellant in the complaint filed in the Court of Judicial Magistrate, Ist Class, at Nasik, on a reading of the complaint we do not think that we will be justified at this stage to quash that complaint. It is not the province of this Court to appreciate at this stage the evidence or scope of and meaning of the statement. Certain allegations came to be made but whether these allegations do constitute defamation of the Marwari community as a business class and whether the appellant had intention to cite as an instance of general feeling among the community and whether the context in which the said statement came to be made, as is sought to be argued by the learned Senior Coun ..... X X X X Extracts X X X X X X X X Extracts X X X X
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