Petitioner challenged a complainant statement alleging she filled up a cheque mistakenly. The Court held such factual disputes must be tried while denying exercise of Section 482 power to quash based on such denials.
Application dismissed. Factual issues regarding cheque filling to be tried.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.30970 of 2014
Arising Out of PS.Case No. -2385 Year- 2013 Thana -PATNA COMPLAINT CASE District-
PATNA
====================================================== Sunita Devi .... .... Petitioner/s Versus State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anjani Kumar Jha, Advocate For the Opposite Party/s : Mr. Ranjeet Kumar Sinha, Advocate For the State : Mr. Pranav Kumar, (A.P.P.) ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
5 16-08-2017
Learned counsel for the petitioner submits that the cheque dated 04.04.2015 which formed the basis of the complaint, was actually misused by the complainant for lodging this case against her. He submits that the complainant in fact, is an employee and he has taken advantage of the cheque for implicating her in this false case. In support of his said contention he relies upon the statement made on solemn affirmation by the complainant before court below, contained in annexure-5 series.
In his submission, learned counsel points out that in his statement under solemn affirmation, has stated that the cheque was filed up by the accused, however, from perusal of the cheque, photo copy of which has been enclosed, it is quite apparent that the complainant filled up the cheque in his own hand writing.
Patna High Court Cr.Misc. No.30970 of 2014 (5) dt.16-08-2017
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Such factual denials and defense of the accused cannot
be examined by this court in exercise of jurisdiction of its power under Section 482 of the Cr.P.C. However, it will be open for the petitioner to raise the issue at the appropriate stage during the course of the trial before the court below which would consider the aforesaid submissions and looked into the veracity of the allegations, without being prejudiced by dismissal of the allegations, without case.
In view of the aforesaid observation, this application is
dismissed.
(Madhuresh Prasad, J)
khushbu/-
U T
1 issue framed by the court
Whether factual denial regarding the filling up of the cheque by the claimant could be examined under Section 482 Cr.P.C.
1 provisions across 1 enactments
Sunita Devi
State of Bihar & Anr
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
