TaxTMI 
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TaxTMI 
2020 (11) TMI 395
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....plaint Case No. 3273 of 2018, Gaurav Ahuja Vs. Shalu Mehrotra, u/s 138 of N.I. Act, as well as order dated 7.8.2019 passed by the Additional Judge, Moradabad, on discharge application and the order dated 27.9.2019 passed by Additional District & Sessions Judge/ Special Judge (Gangster Act), Moradabad, in Criminal Revision No. 169 of 2019, Shalu Mehrotra Vs. State of U.P. and another, whereby criminal revision has been dismissed. 3. Learned counsel for the applicant argued that the impugned cheque was not against any liability. Rather it was issued in lieu of a security and it was misused for present complaint case, whereas there was no receipt of alleged payment of Rs. Three lacs nor any transaction in between accounts with regard to above....
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....in acquaintance with Gaurav Ahuja and a contact in between through Vaibhav Tandon, son of Anil Tandon, resident of Civil Line, Moradabad, in the month of October, 2017 was made by Smt. Shalu Mehrotra for a loan of Rs. Three lacs and it was assured to be returned back within 3-4 months. Upon this assurance extended by Vaibhav Tandon and Smt. Shalu Mehrotra, Rs. Three lacs were lent to them and for paying back the above amount, a cheque for Rs. Three lacs dated 29.3.2018 was issued of Punjab National Bank, Branch Lokoshed, Moradabad, of Savings Bank Account No. 6141000100043589 as cheque no. 602889. This cheque was presented for its payment by applicant in his account of Kotak Mahendra Bank, Moradabad, which was returned with memo dated 16.4.....
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.... the Magistrate is not to meticulously analyse all the facts and evidence at the stage of section 204 Cr.P.C. Rather it is to be seen as to whether there is prima-facie ground for issuing process against the accused under Section 204 Cr.P.C. or not. In the present case, there is a cheque issued by applicant Shalu Mehrotra for payment of Rs. Three lacs, it was presented for its payment, but was dishonoured by a Bank memo, then after a notice of demand by way of registered post was issued and the same was returned with endorsement of refusal. After receipt back of the same, within the stipulated period this complaint was filed. The Magistrate took cognizance over it by registering it as a complaint case. Then after an enquiry was made, wherei....
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.... under this Code (II) to prevent abuse of the process of any Court (III) or otherwise to secure the ends of justice. But Apex Court in State of Andhra Pradesh v. Gaurishetty Mahesh, JT 2010 (6) SC 588: (2010) 6 SCALE 767: 2010 Cr. LJ 3844 has propounded that "While exercising jurisdiction under section 482 of the Code, the High Court would not ordinarily embark upon an enquiry whether the evidence in question is reliable or not or whether on a reasonable apprehension of it accusation would not be sustained. That is the function of the trial Judge/Court". In another subsequent Hamida v. Rashid, (2008) 1 SCC 474, hon'ble Apex Court propounded that "Ends of justice would be better served if valuable time of the Court is spent in hearing th....
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....s inherent powers under section 482 could quash the proceedings but there would be justification for interference only when the complaint did not disclose any offence or was frivolous vexatious or oppressive" as well as in State of Bihar v. Murad Ali Khan, (1989) Cr LJ 1005: AIR 1989 SC 1, Apex Court propounded "In exercising jurisdiction under Section 482 High Court would not embark upon an enquiry whether the allegations in the complaint are likely to be established by evidence or not". 11. Meaning thereby, exercise of inherent jurisdiction under Section 482 Cr.P.C. is within the limits, propounded as above. 12. An application for setting aside summoning order was moved before the same court, which had passed impugned summoning order, a....