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TMI Blog2020 (3) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... on of the order of attachment of salary of the applicant and non-bailable warrant dated 12.12.2007, issued against the applicant. It is quite old matter arising out of Complaint dated 13.07.2001 under Section 138 of the Negotiable Instruments Act. Keeping this matter pending so long will frustrate the very purpose of Negotiable Instrument Act. Therefore, it is being decided in absence of the contesting parties. Heard the learned A.G.A. and perused the record of the present application. The respondent no. 2-Fanish Rai had filed an application dated 13.07.2001 under Section 138 of the Negotiable Instrument Act against Raj Bail Yadav, applicant herein, qua dishonour of Cheque dated 17.11.2004 for a sum of Rs. 35,000/- which was issued by th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ve already adverted to the technical issues of limitation in filing the proceeding under Section 138 of Negotiable Instrument Act. Order dated 12.02.2007 passed by the revisional court became final between the parties. In exercise of inherent power under Section 482 Cr.P.C., this Court is not expected to analyse the factual evidence which is to be placed before the trial court. The power conferred under Section 482 Cr.P.C. is very specific and wide to secure the ends of justice or to prevent the abuse of the process of any Court or to make such orders as may be necessary to give effect to any order under this Code. No provision of this Code is deemed to limit or effect such inherent power of the High Court. The Apex Court in the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e is justified by the tests specifically laid down in the section itself. In the case of State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588 (2010) 6 SCALE 767: 2010 Cr. LJ 3844 has propounded that "While exercising jurisdiction under section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of it accusation would not be sustained. That is the function of the trial Judge/Court. In the case of Gian Singh vs. State of Punjab reported in (2012) 10 SCC 303, the Hon'ble Supreme Court has made the following observation in paragraph 61 which is quoted herein below :- "61. The position that emerges from the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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