2020 (11) TMI 498

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.... quash the proceedings in C.C. No. 450 of 2015 on the file of the learned Judicial Magistrate, Valliyoor, Tirnelveli District, thereby taken cognizance for the offences under Sections 138 & 142 of Negotiable Instruments Act, as against the petitoner. 2. The learned Counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged b....

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....ion 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 C....

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....s recorded findings on several disputed facts and allowed the petition. Defence of the accused is to be tested after appreciating the evidence during trial. The very fact that the High Court, in this case, went into the most minute details, on the allegations made by the appellant-C.B.I., and the defence put-forth by the respondent, led us to a conclusion that the High Court has exceeded its power....

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....which form the basis for the ingredients that constitute certain offences complained of. The Court may also be entitled to see (i) whether the preconditions requisite for taking cognizance have been complied with or not; and (ii) whether the allegations contained in the complaint, even if accepted in entirety, would not constitute the offence alleged. .............. 13. A look at....