Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2014 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2014 (2) TMI 1399 - SC - Indian LawsDishonor of Cheque - criminal offence or not - Section 420 read with Section 120-B of the Indian Penal Code - HELD THAT:- No doubt, the views of the High Court in respect of averments and allegations in the FIR were in the context of a prayer to quash the FIR itself but in the facts of this case those findings and observations are still relevant and they do not support the contentions on behalf of the Appellants. At the present stage when the informant and witnesses have supported the allegations made in the FIR, it would not be proper for this Court to evaluate the merit of the allegations on the basis of documents annexed with the memo of appeal. Such materials can be produced by the Appellants in their defence in accordance with law for due consideration at appropriate stage. On considering the facts of the present case it is found that the facts were properly noticed by the High Court on earlier occasion while examining the petition preferred by the Appellants for quashing of FIR of this case. The same view has been reiterated by the High Court in the order under appeal for not interfering with the order of cognizance by the learned Magistrate. Hence, there are no good ground to interfere with the criminal proceedings against the Appellants at this stage. Appeal dismissed.
|