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TMI Blog2001 (10) TMI 1196X X X X Extracts X X X X X X X X Extracts X X X X ..... int. Instead of appearing before the Trial Magistrate, the respondent approached the High Court by way of a petition under Section 482 of the Code of criminal Procedure (hereinafter referred to as the Code praying for quashing the proceedings initiated against them. The High Court accepted the prayer of the accused and quashed the proceedings initiated against the respondent mainly on the ground that in view of the pendency of civil disputes between the parties where the genuineness of the documents, relied upon the complainant, was in dispute, no criminal action could be initiated against the accused persons. Feeling aggrieved by the order of the High Court, the complainant has preferred this appeal contending that the High Court has com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referring to various judgments of this Court relating to the interpretation and scope of Section 482 of the Code and the indictment that the High Court should be slow in interfering with the proceedings at the initial stage, the learned Single Judge of the High Court passed the impugned order. The High Court passed the impugned order. The High Court appears to have been impressed by the fact that as the nature of the dispute was primarily of a civil nature, the appellant was not justified in resorting to the criminal proceedings. 5. Accepting such a general proposition would be against the provisions of law inasmuch as in all cases of cheating and fraud, in the whole transaction, there is generally some element of civil nature. However, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are genuine or forged, no criminal action can be initiated against the petitioners and in view of the same, the present criminal proceedings and taking cognizance and issue of process are clearly erroneous. 6. Where factual foundations for the offence have been laid down in the complaint, the High Court should not hasten to quash criminal proceedings merely on the premise that one or two ingredients have not been stated with the details or that the facts narrated the existence of commercial of money transaction between the parties. 7. This Court in Rajesh Bajaj v. State NCT of Delhi Ors. 1999CriLJ1833 observed: It may be that the facts stated narrated in the present complaint would as well reveal a commercial transaction or mo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ercised only where the allegations made in the complaint or the first information report, if taken at their face value and accepted in their entirety, do not prima facie disclose the commission of an offence or where the uncontroverted allegations made in the FIR or complaint and the evidence relied in support of the same do not disclose the commission of any offence against the accused, or the allegations are so absurd and inherently improper that on the basis of which no prudent, person could have reached a just conclusion that there were sufficient grounds in proceedings against the accused or where there is an express legal bar engrafted in any provisions of the Code or any other statute to the institution and continuance of the crimina ..... X X X X Extracts X X X X X X X X Extracts X X X X
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