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TMI Blog2015 (3) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... ter the parties led their evidence. The High Court committed grave error of law in examining the allegations and counter allegations which are disputed and factual in nature in a proceeding Under Section 482 of the Code. There are no option but to set aside the order passed by the High Court as it has entered into highly disputed questions of fact and concluded that the material before it was sufficient to cause reasonable suspicion in the case of the complainant. That is not the ground on which powers Under Section 482 of the Code can be exercised by the High Court - appeal allowed. - Criminal Appeal No. 1771 of 2010 - - - Dated:- 31-3-2015 - Dipak Misra and Prafulla C. Pant, JJ. JUDGMENT Prafulla C. Pant, J ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Respondent Chellammal in respect of offence punishable Under Section 138 of the Act. 4. The Respondent (accused) challenged the proceedings of criminal complaint case by moving a Criminal Original Petition Under Section 482 of the Code before the High Court. In said petition the accused pleaded that her son-in-law A. Raj and Ayyavu (father of A. Raj) had actually borrowed a sum of ₹ 2,00,000/- on 19.4.2005. The cheques in question were only taken as security. Actually, loan was taken by A. Raj and Ayyavu by mortgaging their house in favour of one Balakrishnan, brother of the present Appellant. It is alleged by the present Respondent (accused) in the petition that Balakrishnan, instead of getting the mortgage deed executed, obtaine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tituted on a complaint, exercise of inherent powers to quash the proceedings is called for only in a case in which the complaint does not disclose any offence or is frivolous, vexatious or oppressive. There is no need to analyse each and every aspect meticulously before the trial to find out whether the case would end in conviction or acquittal. 7. In view of the above position of law, we have no option but to set aside the order passed by the High Court as it has entered into highly disputed questions of fact and concluded that the material before it was sufficient to cause reasonable suspicion in the case of the complainant. That is not the ground on which powers Under Section 482 of the Code can be exercised by the High Court. 8. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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