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2020 (11) TMI 425 - HC - Indian LawsDishonor of Cheque - applicant submits that applicant is innocent, he has committed no offence and has been falsely implicated in the present case and he has not issued any cheque in favour of complainant-opposite party no.2 herein and from the perusal of application / complaint no case is made out - HELD THAT:- Admittedly copy of the cheque is not annexed on record. Issuance of cheque or signature on the cheque has not been specifically denied by the accused-applicant; whether cheque has been issued by the accused-applicant or not is the matter of evidence and it can only be adjudicated after the evidence is adduced by both the parties. Merit of the case cannot be adjudicated under Section 482 Cr.P.C. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is the exception and not the rule. Under this section, the High Court has inherent powers to make such orders as may be necessary to give effect to any order under the Code or to prevent the abuse of process of any court or otherwise to secure the ends of justice. But the expressions "abuse of process of law" or "to secure the ends of justice" do not confer unlimited jurisdiction on the High Court and the alleged abuse of process of law or the ends of justice could only be secured in accordance with law, including procedural law and not otherwise. Application dismissed.
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