H v. Rohit v Bhanuprakash Aradhya
Case brief
What is this about?
The High Court dismissed a petition under Section 482 Cr.P.C. challenging the trial court's order taking cognizance in a cheque dishonour case. The petitioners were absent despite the matter being called twice. The court found that the trial court had applied its mind to the complaint, sworn statement, and documents — including a cheque dated 12.09.2019 dishonoured on 17.09.2019 and the issuance of statutory notice — and concluded there was prima facie material against the accused. The High Court held that the petitioners could not fault the cognizance order when the trial court had judicially exercised its mind.
What did the court decide?
The criminal petition under Section 482 Cr.P.C. was dismissed; the trial court's cognizance order and the pending criminal proceedings in C.C. No. 733/2019 were upheld.