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1 - 10 of 11 (0.31 seconds)Section 138 in The Negotiable Instruments Act, 1881 [Entire Act]
The Negotiable Instruments Act, 1881
U.P. Pollution Control Board vs M/S Mohan Meakins Ltd. And Others on 27 March, 2000
8. It is to be kept in mind that at the stage of issuing process, the
learned Trial Court is mainly concerned with the allegations made in
the complaint and the evidence led in support of the same. The learned
Trial Court is only to be prima facie satisfied that there are sufficient
grounds for proceeding against the accused person(s). The learned
Trial Court is not even required to record the reasons while issuing the
process. At this stage, it is not the province of the learned Trial Court
to enter into a detailed discussion/analysis on the merits or demerits of
the case. Reference in this regard is made to the judgments of the
Supreme Court in UP Pollution Control Board v. Mohan Meakins
Ltd. & Ors., (2000) 3 SCC 745 and Bhushan Kumar & Anr. v. State
(NCT of Delhi) & Anr., (2012) 5 SCC 424.
Smt. Nagawwa vs Veeranna Shivallngappa Konjalgi on 23 April, 1976
10. Exercise of powers by the High Court under Section 482 of the
Cr.P.C. is limited in its scope and can be exercised only where the
Court is fully satisfied that the material produced would irrefutably
rule out the charge and is of such sterling and impeccable quality that
the invocation of powers under Section 482 of the Cr.P.C. to quash the
criminal proceedings is warranted. Reference is placed on the
judgments of the Supreme Court in Smt.Nagawwa v. Veeranna
Shivalingappa Konjalgi & Ors., (1976) 3 SCC 736; HMT Watches
Ltd. v. M.A. Abida & Anr. (2015) 11 SCC 776; Rajiv Thapar & Ors.
v. Madan Lal Kapoor (2013) 3 SCC 330; and, Rathish Babu
Unnikrishnan v. State (Govt. of NCT of Delhi) & Anr. 2022 SCC
OnLine SC 513
Hmt Watches Ltd vs M.A. Abida & Anr on 19 March, 2015
10. Exercise of powers by the High Court under Section 482 of the
Cr.P.C. is limited in its scope and can be exercised only where the
Court is fully satisfied that the material produced would irrefutably
rule out the charge and is of such sterling and impeccable quality that
the invocation of powers under Section 482 of the Cr.P.C. to quash the
criminal proceedings is warranted. Reference is placed on the
judgments of the Supreme Court in Smt.Nagawwa v. Veeranna
Shivalingappa Konjalgi & Ors., (1976) 3 SCC 736; HMT Watches
Ltd. v. M.A. Abida & Anr. (2015) 11 SCC 776; Rajiv Thapar & Ors.
v. Madan Lal Kapoor (2013) 3 SCC 330; and, Rathish Babu
Unnikrishnan v. State (Govt. of NCT of Delhi) & Anr. 2022 SCC
OnLine SC 513
Rajiv Thapar & Ors vs Madan Lal Kapoor on 23 January, 2013
10. Exercise of powers by the High Court under Section 482 of the
Cr.P.C. is limited in its scope and can be exercised only where the
Court is fully satisfied that the material produced would irrefutably
rule out the charge and is of such sterling and impeccable quality that
the invocation of powers under Section 482 of the Cr.P.C. to quash the
criminal proceedings is warranted. Reference is placed on the
judgments of the Supreme Court in Smt.Nagawwa v. Veeranna
Shivalingappa Konjalgi & Ors., (1976) 3 SCC 736; HMT Watches
Ltd. v. M.A. Abida & Anr. (2015) 11 SCC 776; Rajiv Thapar & Ors.
v. Madan Lal Kapoor (2013) 3 SCC 330; and, Rathish Babu
Unnikrishnan v. State (Govt. of NCT of Delhi) & Anr. 2022 SCC
OnLine SC 513
Rathish Babu Unnikrishnan vs The State Govt Of Nct Of Delhi on 26 April, 2022
10. Exercise of powers by the High Court under Section 482 of the
Cr.P.C. is limited in its scope and can be exercised only where the
Court is fully satisfied that the material produced would irrefutably
rule out the charge and is of such sterling and impeccable quality that
the invocation of powers under Section 482 of the Cr.P.C. to quash the
criminal proceedings is warranted. Reference is placed on the
judgments of the Supreme Court in Smt.Nagawwa v. Veeranna
Shivalingappa Konjalgi & Ors., (1976) 3 SCC 736; HMT Watches
Ltd. v. M.A. Abida & Anr. (2015) 11 SCC 776; Rajiv Thapar & Ors.
v. Madan Lal Kapoor (2013) 3 SCC 330; and, Rathish Babu
Unnikrishnan v. State (Govt. of NCT of Delhi) & Anr. 2022 SCC
OnLine SC 513
State Of Haryana And Ors vs Ch. Bhajan Lal And Ors on 21 November, 1990
In the State of Haryana & Ors. v. Bhajan Lal & Ors. 1992
Supp (1) SCC 335, the Supreme Court has cautioned that the power of
quashing a criminal proceeding should be exercised very sparingly
and with circumspection, and that too, in the rarest of rare cases; and
that the Court will not be justified in embarking upon an inquiry as to
the reliability or genuineness or otherwise of the allegations made in
the complaint.