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2019 (4) TMI 1631 - SC - Indian LawsRejection of Discharge application - Section 239 read with Section 245 Cr.P.C. - whether in the present case, appellant was entitled to be discharged from the offence under Sections 504 and 506 and whether Courts below committed error in rejecting the discharge application? HELD THAT:- From the facts, it is clear that appellant’s role was only of a surveyor appointed by insurance company to survey and submit report on the fire insurance claim alleged by the complainant with regard to incident dated 18.12.2010, which took place in his factory premises at Kosikala, District Mathura - While considering the discharge application, the Court is to exercise its judicial mind to determine whether a case for trial has been made out or not. It is true that in such proceedings, the Court is not to hold the mini trial by marshalling the evidence. The ingredients of Sections 504 and 506 are not made out from the complaint filed by the complainant. When the complaint filed under Section 156(3) Cr.P.C., which has been treated as a complaint case, does not contain ingredients of Sections 504 and 506, we are of the view that Courts below committed error in rejecting the application of discharge filed by the appellant. In the facts of the present case, we are of the view that appellant was entitled to be discharged for the offence under Sections 504 and 506. Appeal allowed - decided in favor of appellant.
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