TMI Blog2020 (9) TMI 216X X X X Extracts X X X X X X X X Extracts X X X X ..... ideration the pleas raised therein by the petitioner, in accordance with law, within a stipulated period. - CRM-M-25990-2020 (O&M) - - - Dated:- 3-9-2020 - HON'BLE MR. JUSTICE HARNARESH SINGH GILL Mr. Ravinder Malik, Advocate for the petitioner ORDER HARNARESH SINGH GILL, J. (ORAL) Case is taken up for hearing through video conferencing. Prayer in the present petition filed under Section 482 Cr.P.C. is for quashing the FIR No. 103 dated 09.03.2020 registered under Sections 406 and 420 IPC at Police Station Ladwa, District Kurukshetra, along with all consequential proceedings arising therefrom. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. He furthe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstruments Act have been initiated by the petitioner, had been misplaced by the complainant and an intimation in this regard was given to the concerned Bank. He thus, submits that there is no legal liability in discharge of which the alleged cheque could have been issued by the complainant. Moreover, the amount of ₹ 15 lacs is a huge amount and no person of an ordinary prudence would lend such a huge amount without there being any justified cause and any witness to such transaction, especially when the petitioner is a commission agent. I have heard the learned counsel for the parties. The prayer made by the petitioner is for quashing of the FIR and all consequential proceedings arising therefrom. Very recently, in Vinubhai Ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndoubtedly include proceedings by way of further investigation under Section 173(8) of the Cr.P.C. Still further, it has been held that a fair and just investigation would lead to the conclusion that the police retain the power, subject, of course, to the Magistrate's nod under Section 173(8) to further investigate an offence till charges are framed and such power of the Magistrate would be available at all stages of the progress of a criminal case before the trial actually commences. It has further been held that in appropriate cases this power can be exercised suo-motu by the Magistrate himself, depending on the facts of each case and whether further investigation should or should not be ordered is within the discretion of the le ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t an innocent person is not wrongly arraigned as an accused or that a prima facie guilty person is not so left out. There is no warrant for such a narrow and restrictive view of the powers of the Magistrate, particularly when such powers are traceable to Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) of the Cr.P.C., as has been noticed hereinabove, and would be available at all stages of the progress of a criminal case before the trial actually commences. It would also be in the interest of justice that this power be exercised suo-motu by the Magistrate himself, depending on the facts of each case. Whether further investigation should or should not be ordered is within the discretion of the learned Magistrate who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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