9911796707
TMI Blog2022 (8) TMI 534X X X X Extracts X X X X X X X X Extracts X X X X ..... ly observation which appears to have influenced the decision of the High Court is that the cheque leaf belongs to the appellant and it contains her signature and there is no allegation of threat. The non-examination of the case is incorrect perspective, keeping in view the guideline laid down by this Court to be borne in mind while exercising the power under Section 482 of Cr.P.C., in various decisions, more particularly in the case of STATE OF HARYANA VERSUS BHAJAN LAL [ 1990 (11) TMI 386 - SUPREME COURT] has led to an order which on the face of it is not sustainable. Having noted that the High Court has quashed the final report without adverting to either the facts or law by a cryptic order, it would be appropriate for us to set a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tained by the respondent No.2 herein and on forging the appellant s signature has attempted to extract amount from her account. It is specifically alleged that the signature on the cheque is forged and the cheque is drawn for a sum of Rs.3,50,000/- (Rupees three lakhs and fifty thousand) and was presented through the Federal Bank, Payyannur Branch through the account maintained by respondent No.2. The complaint further alleges that the cheque was allotted to the appellant by the Canara Bank, 30 years back and was not in use for want of new MCRI number. Based on the said complaint, FIR No.66 dated 20.01.2014 came to be registered for offence under Sections 420, 465, 468 and 472 IPC. Pursuant thereto the investigation was conducted and the fi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar Prasad, learned counsel for respondent No.2, Shri Nishe Rajen Shonker, learned counsel for respondent No.1, and perused the appeal papers. 6. In the background of the contentions urged, a perusal of the appeal papers indicates that the appellant herein, as the de facto complainant had made a specific allegation that the cheque leaf belonging to the appellant which was about 30 years old and was not in use had been wrongly secured, her signature was forged and fabricated by the respondent No.2 to extract the amount of Rs.3,50,000/- (Rupees three lakhs and fifty thousand) indicated therein. Based on such complaint, the law was set in motion. The final report submitted under Section 173 Cr.P.C. on completion of the investigation would di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o be borne in mind while exercising the power under Section 482 of Cr.P.C., in various decisions, more particularly in the case of State of Haryana Ors. vs. Bhajan Lal Ors., 1992 Supp (1) SCC 335 has led to an order which on the face of it is not sustainable. 8. Having noted that the High Court has quashed the final report without adverting to either the facts or law by a cryptic order, it would be appropriate for us to set aside the order and restore the petition to the file to the High Court so as to enable the parties to put forth their contentions and allow the High Court to comprehensively advert to the matter on facts and law. 9. Accordingly, the order dated 07.10.2020 passed by the High Court in Crl.M.C. No.1792 of 2019 (D) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
