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2019 (4) TMI 1819 - HC - Companies LawDishonor of Cheque - Legality and validity of the proceedings under Section 138 of the Negotiable Instruments Act - HELD THAT:- While dealing with an application under Section 482 of the Code of Criminal Procedure the High Court should not assume the jurisdiction of the trial Court and hold a parallel trial. High Court in exercise of its power under Section 482 of the Code of Criminal Procedure is not expected to discharge the function of trial judge. The Court while considering the prayer of quashing should not delving deep into the merit of the case or adjudicate upon a defence of the accused. Moreover, the petitioner is at liberty to place his plea by way of defence during trial - it is not a fit case to exercise discretion under Section 482 of the Code of Criminal Procedure and to quash the proceedings pending against the petitioner. The application under Section 482 of the Code of Criminal Procedure is dismissed.
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