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C. KUMARAPPAN
R. Vijay Anand – Appellant
Versus
A. Ramaraja – Respondent
JUDGMENT :
(Prayer: Criminal Original Petition is filed under Section 482 of the Code of Criminal Procedure, to call for the records pertaining to C.C.No.369 of 2019 learned Judicial Magistrate, Rajapalayam and quash the same.)
1. The petitioner has filed the instant criminal original petition to quash the C.C.No.309 of 2019 on the file of the learned Judicial Magistrate, Rajapalayam.
2. Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent.
3. According to the learned counsel for the petitioner, the respondent has borrowed a sum of Rs.20 lakhs, and to repay the same, the respondent has issued a post dated cheque drawn on Punjab National Bank. When the said cheque was presented for collection, the same was returned with an endorsement as insufficient fund. In furtherance thereto, notice has been issued to the respondent, and a complaint was filed under Sections 138, 142 of Negotiable Instruments Act r/w 357(1)(b) of Cr.P.C. The same was taken cognizance by the learned Judicial Magistrate, Rajapalayam in C.C.No.437 of 2017.
4. It is the further contention of the learned counsel for the petitioner that to wreck vengeance, the respondent he
The court emphasized that at the Section 482 Cr.P.C stage, it should not assess the veracity of the statements in the complaint and should not interfere if there are prima facie allegations.
The High Court cannot appreciate evidence and record findings in Section 482 Cr.P.C. proceedings. The trial court should decide the issues on merits and the accused's defense should be tested during ....
The court's decision emphasized that the power under Section 482 of Cr.P.C should not be used to inquire into the validity of the evidence, but only to consider whether the allegations in the complai....
The court emphasized that the power under Section 482 Cr.P.C should not be used to inquire into the validity of the evidence available when quashing a complaint or a charge.
The court emphasized that the exercise of powers under Section 482 Cr.P.C. to quash criminal proceedings is an exception and should be sparingly and cautiously exercised, and that the court cannot ad....
Criminal proceedings initiated by an accused as a counterblast to civil or quasi-criminal litigation, lacking essential ingredients of the alleged penal offenses, constitute an abuse of process of la....
Criminal proceedings cannot be maintained when the underlying dispute is purely civil, especially if a civil suit is pending.
The court emphasized the need for a proper affidavit for a private complaint, the requirement of prior application under Section 154(1) and 154(3) Cr.P.C before an application under Section 156(3) Cr....
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
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