Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (2) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1894 - SC - Indian LawsForgery and preparing false documents - dispute is of civil nature - the complainant alleged that the Respondents made themselves liable for being prosecuted Under Sections 420, 465, 467, 468, 471 read with Section 34 of the Indian Penal Code, 1860 - HELD THAT:- It is settled law that the Magistrate, at the stage of taking cognizance and summoning, is required to apply his judicial mind only with a view to taking cognizance of the offence, or in other words, to find out whether a prima facie case has been made out for summoning the Accused persons. The High Court ought not to have set aside the order passed by the Trial Court issuing summons to the Respondents. A perusal of the complaint discloses that prima facie, offences that are alleged against the Respondents. The correctness or otherwise of the said allegations has to be decided only in the Trial. At the initial stage of issuance of process it is not open to the Courts to stifle the proceedings by entering into the merits of the contentions made on behalf of the Accused. Criminal complaints cannot be quashed only on the ground that the allegations made therein appear to be of a civil nature. If the ingredients of the offence alleged against the Accused are prima facie made out in the complaint, the criminal proceeding shall not be interdicted. Appeal allowed.
|