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TMI Blog2020 (11) TMI 425X X X X Extracts X X X X X X X X Extracts X X X X ..... rit of the case cannot be adjudicated under Section 482 Cr.P.C. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is the exception and not the rule. Under this section, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions abuse of process of law or to secure the ends of justice do not confer unlimited jurisdiction on the High Court and the alleged abuse of process of law or the ends of justice could only be secured in accordance with law, including procedural law and not otherwise. Application dismissed. - APPLICATION U/S 482 No. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per contra learned AGA vehemently opposed the application and submitted that accused-applicant issued a forged cheque in favour of complainant which was presented in the Bank and Bank refused to honour the same as account was not in the Bank, therefore, learned Magistrate on the complaint filed by complainant / opposite party no.2 recorded the statement of complainant under Section 200 Cr.P.C. and found sufficient ground for proceeding and issued impugned summoning order against the accused-applicant for facing the trial under Sections 138 Negotiable Instruments Act and 420 IPC. He further submitted that entire submissions made by learned counsel for the applicant is on fact of the case which cannot be adjudicated at this stage under Secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accused-applicant; whether cheque has been issued by the accused-applicant or not is the matter of evidence and it can only be adjudicated after the evidence is adduced by both the parties. Merit of the case cannot be adjudicated under Section 482 Cr.P.C. 9. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is the exception and not the rule. Under this section, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions abuse of process of law or to secure the ends of justice do not confer unlimited jurisdiction on the High Court and the all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmitted the offences punishable under Sections 323, 379 read with Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not. In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable. 16. The second error is that the High Court in para 6 held that there are contradictions in the statements of the witnesses on the point of occurrence. 17. In our view, the High Court had no juris ..... X X X X Extracts X X X X X X X X Extracts X X X X
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