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2001 Supreme(Ori) 348

R.P.SETHI, M.B.SHAH
M. Krishnan – Appellant
Versus
Vijay Singh – Respondent


For Appellant:Mr. S. N. Bhat, Advocate
For Respondents:Mr. K. S. Nagaraja Rao and Mr. K. K. Mani, Advocates

JUDGMENT

R. P. SETHI, J. — Leave granted.

2. The appellant filed a complaint against the respondent alleging commission of offences punishable under Sections 193, 196, 197, 406, 465, 468 and 471 of the Indian Penal Code. The Magistrate took the cognizance and issued process against the two out of the three accused, named in the complaint. Instead of appearing before the trial Magistrate, the respondents 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 respondents mainly on the ground that in view of the pendency of civil disputes between the parties where the genuineness of the documents, relied upon by 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 committed a mistake of law by quashing the proceedings under Section 482 of the Code at the initial stage wi














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