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10. In the second judgment cited by the respondent is from J.P.SHARMA v. VINOD KUMAR JAIN and Ors. . In this case, the complaint against accused persons for offences under Section 120-B IPC and Section 5 of the Imports and Exports (Control) Act (18 of 947) was quashed by the High Court under Section 482 of the Cr.P.C. and on appeal, the Honourable Apex Court has held:

"The grounds upon which the High Court Judge seems to have quashed the complaint in the instant case was the subsequent report by the CBI which had not yet been proved and considered in the background of the allegations made and secondly that some of the parties alleged to be in the conspiracy were not made parties. These are no grounds for quashing the criminal proceedings where on prima facie being satisfied, the Magistrate had taken cognizance. Taking all the allegations in complaint to be true, without adding or subtracting anything, at this stage it cannot be said that no prima facie case for trial had been made out. That is the limit of the power to be exercised by the High Court under Section 482 of the Code of Criminal Procedure. The High Court in the instant case has exceeded that jurisdiction. The question at this stage is, not whether there was any truth in the allegations made but the question is whether on the basis of the allegations a cognizable offence or offences had been alleged to have been committed. The facts subsequently found out to prove the truth or otherwise on the allegation is not a ground on the basis of which the complaint can be quashed. The truth or otherwise of the allegation made in the complaint would be investigated at the time of the trial."