Petitioner challenged the order of cognizance under Section 138 NI Act arguing forgery. The High Court dismissed the petition, holding that the petitioner's defence regarding the signature cannot be tested at the preliminary stage while exercising inherent powers under Section 482 Cr.P.C.
The interim order, if any, stands vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Cr.M.P. No.3914 of 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No.3914 of 2022
Rajgir Mandal aged about 68 years, son of Garabhu Mandal, resident of Village- Dholpaghari, P.O.- Amahiya, P.S. Asarganj, District- Munger (Bihar) … Petitioner
Versus
For the Petitioner : Mr. Randhir Kumar, Advocate Ms. Pinki Kumari, Advocate For the State : Mr. Abhay Kr. Tiwari, Addl.P.P. For the O.P. No.2 : None ------ P R E S E N T
HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
By the Court Heard the parties.
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Cr.M.P. No.3914 of 2022
misusing the cheque. It is next submitted that admittedly there was business transactions between the parties and the cheque in question has somehow been taken from the office of the petitioner and has been misused. It is next submitted that the cheque in question is not a valid cheque under Negotiable Instrument Act. Hence, no offence punishable under Section 138 of the Negotiable Instrument Act is made out. Hence, it is submitted that the order dated 17.11.2021 passed in C.P. Case No.724 of 2021 by Additional Chief Judicial Magistrate, Bermo at Tenughat be quashed.
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whether the evidence is reliable or not while exercising the power under Section 482 Cr.P.C.
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width and the nature of power itself demands that its exercise is sparing and only in cases where High Court is, for reasons to be recorded, is of the clear view that continuance of a prosecution would be nothing but an abuse of the process of law.
of the jurisdiction under Section 482 Cr.P.C.
(Anil Kumar Choudhary, J . )
High Court of Jharkhand, Ranchi Dated the 15th of March, 2023 AFR/ Animesh
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2 issues framed by the court
Whether the High Court can exercise inherent powers under Section 482 Cr.P.C. to quash the order of cognizance based on the petitioner's defence regarding forgery and misuse of cheque.
Whether the veracity of the petitioner's contention that the signature on the cheque was not his own can be tested at the pre-trial stage under Section 482 Cr.P.C.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Rajgir Mandal
The State of Jharkhand
M.M. Traders, Proprietor Dhiraj Kumar Prajapati
ANIL KUMAR CHOUDHARY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court