JUDGMENT :

1. Leave granted. This appeal, by special leave, has been filed by the Appellant impugning the order passed by the High Court in Criminal Misc. Application No. 15057 of 2010, filed under Section 482 of the Code of Criminal Procedure, 1973 (for short "Code of Criminal Procedure."). By the impugned order, the High Court has declined to quash the proceedings initiated against the Appellant on the ground that all the submissions relate to disputed questions of fact which cannot be adjudicated upon by the Court under Section 482 Code of Criminal Procedure. It is further observed that, at this stage, only prima facie case is to be seen in the light of the law laid down by the Supreme Court in a number of judgments, namely, R.P. Kapur v. State of Punjab, AIR 1960 SC 866, State of Haryana v. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar v. P.P. Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. v. Mohd. Saraful Haq and Anr., 2005 SCC (Cr.) 283. Relying upon the aforesaid judgments, but without culling out the ratio of any of the aforesaid judgments, it has been observed by the High Court that the defence of the accused cannot be considered at this stage. It has furth