IMPORTANT POINT
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.

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 herein has filed a police complaint stating that the cheque, which is the subject matter of C.C.No.437 of 2017 was stealthily removed by the petitioner and that, by such false allegation, the respondent has given a police complaint. However, the police has closed the said complaint 'as mistake of fact'. Thereafter, the respondent has come up with the private complaint under Section 200 Cr.P.C., which was taken cognizance by the learned Judicial Magistrate, Rajapalayam in C.C.No.369 of 2019. Hence, he prays to quash the same.

5. Per contra, the learned counsel appearing for the respondent would contend that there is a prima facie material available in the complaint filed under Section 200 of Cr.P.C and that, after application of mind, the learned Magistrate took cognizance that there are materials allegation made in the complaint, which would prima faciely demonstrate the ingredients for the said offence. Therefore, contended that by exercising inherent jurisdiction under Section 482 Cr.P.C., this Court cannot go into factual aspects.

6. I have given my anxious consideration on the submissions made by either side.

7. On perusal of the complaint, this Court could able to find the averments in respect of the money dealing between the petitioner and the respondent. On further reading of the averments of the complaint, there is a prima facie material available for the offence stated in the complaint. It is settled principles of law that while the averment made in the complaint is taken unrebutted, and if no offence is made out, then only this Court can interfere under Section 482 of Cr.P.C.

8. At this juncture, this Court deems it appropriate to discuss the precedents in respect of Section 482 Cr.P.C. It is relevant to rely upon the judgment of the Hon'ble Supreme Court in Devendra Prasad Singh Vs. State of Bihar & Anr., reported in (2019) 4 SCC 351 as follows:-

"12.So far as the second ground is concerned, we are of the view that the High Court while hearing the application under Section 482 of the Cr.P.C. had no jurisdiction to appreciate the statement of the witnesses and record a finding that there were inconsistencies in their statements and, therefore, there was no prima facie case made out against respondent No.2. In our view, this could be done only in the trial while deciding the issues on the merits or/and by the Appellate Court while deciding the appeal arising out of the final order passed by the Trial Court but not in Section 482 Cr.P.C. proceedings. 13.In view of the foregoing discussion, we allow the appeal, set aside the impugned order and restore the aforementioned complaint case to its original file for being proceeded with on merits in accordance with law.

9. It is also useful to rely upon the judgment of the Hon'ble Supreme Court in the case