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TMI Blog2015 (3) TMI 1386X X X X Extracts X X X X X X X X Extracts X X X X ..... icature at Madras, in Criminal O.P. No. 7989 of 2009 whereby said petition was allowed, and criminal proceedings initiated against Respondent Chellammal relating to offence punishable Under Section 138 of Negotiable Instruments Act, 1881 (for short "the Act") are quashed by the High Court, exercising the powers Under Section 482 of the Code of Criminal Procedure, 1973 (for short "the Code"). 2. H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent stood only surety to said transaction. Consequently, criminal complaint (C.C. No. 120 of 2007) was filed by the Appellant before the Judicial Magistrate, Dharapuram, for prosecution of Respondent Chellammal in respect of offence punishable Under Section 138 of the Act. 4. The Respondent (accused) challenged the proceedings of criminal complaint case by moving a Criminal Original Petitio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 57493 of Canara Bank, Dharapuram Branch, were got filled up in the name of the complainant (Appellant), which were misused by him. 5. The above defence of the Respondent (accused) before the High Court, in the petition filed Under Section 482 of the Code, is nothing but absolutely factual in nature, which is neither admitted by the complainant, nor apparent on the face of the record. Such type of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed. In a proceeding instituted on a complaint, exercise of inherent powers to quash the proceedings is called for only in a case in which the complaint does not disclose any offence or is frivolous, vexatious or oppressive. There is no need to analyse each and every aspect meticulously before the trial to find out whether the case would end in conviction or acquittal. 7. In view of the above po ..... X X X X Extracts X X X X X X X X Extracts X X X X
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