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Documents citing Arjun Prasad Sharma And Ors. vs Bihar State Small Industries ... on 9 December, 1993

Vimla Devi vs State Of Bihar & Anr on 1 November, 2017

9. It was rightly contended by Shri Baxi S.R.P. Sinha, learned counsel for the opposite party that the prospective defence of the accused has never to be considered for quashing a proceeding in exercise of court's power under Section 482 of the Code of Criminal Procedure. But, this has firstly to be found out as to whether the facts which are placed on record by the accused, who has been summoned, were really his prospective defence or were facts placed so as to explaining away the allegations and making out a case as if there was no commission of any offence. Such a situation may be available to a court if the accused produced before the court the documents which could contain admissions of the complainant or which could indicate as to what was the real state of affairs as regards the allegations of commission of offence. Such Patna High Court Cr.Misc. No.49901 of 2014 dt.01-11-2017 6 admitted facts, if give rise to an inference that the facts alleged in the complaint petition in tandem with the facts brought on record by the accused through some admitted statements or documents specially in a case of commercial transaction, did not constitute an offence and merely gave rise to a liability which could be adjudicated upon by the Civil Court, then in that case, it could be utterly an abuse of the process of the court if such a proceeding is allowed to continue. If the facts appear like, what I have just pointed out, then the case presented before the court through some admitted documents, ceases to be the defence of an accused and becomes the bilateral statements of the parties to the proceedings and that document must not be ignored as, ultimately, the purpose of vesting the High Court with the inherent powers under Section 482 of the Code is to prevent the abuse of the process of the court and also to ensure the delivery of justice."
Patna High Court Cites 7 - Cited by 0 - R R Prasad - Full Document
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