https://www.taxtmi.com/caselaws?id=397343 Revisional power is limited to testing the correctness, legality and propriety of the order under challenge and cannot be used to substitute the trial court's function by directing cognizance or framing charge in pending complaint proceedings. Where the complaint was already proceeding under the Negotiable Instruments Act, a proposed IPC cheating case had to be determined on the basis of evidence before the trial court, as the offence required distinct ingredients including dishonest intention. The extraordinary power under Section 319 CrPC can be invoked only on court-recorded evidence showing sufficient involvement of a person not already facing trial; in the absence of such material against Santosh Malviya, addition as an accused was not warranted. en-us Tue, 02 Jun 2020 00:00:00 +0530 Thu, 13 Aug 2020 18:32:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=397343 Revisional power is limited to testing the correctness, legality and propriety of the order under challenge and cannot be used to substitute the trial court's function by directing cognizance or framing charge in pending complaint proceedings. Where the complaint was already proceeding under the Negotiable Instruments Act, a proposed IPC cheating case had to be determined on the basis of evidence before the trial court, as the offence required distinct ingredients including dishonest intention. The extraordinary power under Section 319 CrPC can be invoked only on court-recorded evidence showing sufficient involvement of a person not already facing trial; in the absence of such material against Santosh Malviya, addition as an accused was not warranted. Case-Laws Indian Laws Tue, 02 Jun 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=397343