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2022 (8) TMI 534 - SC - Indian LawsDishonor of Cheque - forging of appellant signature - complaint alleges that the cheque was allotted to the appellant by the Canara Bank, 30 years back and was not in use for want of new MCRI number - section of 138 of NI Act - HELD THAT:- Though detailed investigation was conducted and the final report was filed, the order of the High Court will indicate that while exercising the power under Section 482 Cr.P.C., it is not only brief, but cryptic. The High Court, neither has adverted to the facts arising in the case in detail nor to the nature of the allegation which led to the investigation and the filing of the final report. The only observation which appears to have influenced the decision of the High Court is that the cheque leaf belongs to the appellant and it contains her signature and there is no allegation of threat. The non-examination of the case is incorrect perspective, keeping in view the guideline laid down by this Court to be borne in mind while exercising the power under Section 482 of Cr.P.C., in various decisions, more particularly in the case of STATE OF HARYANA VERSUS BHAJAN LAL [1990 (11) TMI 386 - SUPREME COURT] has led to an order which on the face of it is not sustainable. Having noted that the High Court has quashed the final report without adverting to either the facts or law by a cryptic order, it would be appropriate for us to set aside the order and restore the petition to the file to the High Court so as to enable the parties to put forth their contentions and allow the High Court to comprehensively advert to the matter on facts and law. Appeal allowed.
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