Courts Cannot Embark Upon Enquiry Concerning Genuineness Of Allegations Made In FIR- Punjab & Haryana HC
A Punjab and Haryana High Court Bench of Justice Jasjit Singh Bedi has held that a Court cannot embark upon an enquiry as to the reliability or genuineness of the allegations made in the FIR/complaint, and the defence of the accused cannot be looked at by the Court in summary proceedings under Section 482 Cr.P.C.
Counsel Ketan Antil appeared for the Petitioner.
In this case, a petition was filed under Section 482 of the CrPC for the quashing of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, the subsequent summoning order, and the proceedings arising therefrom.
Analyzing the law pertaining to the quashing of an FIR/complaint, the High Court analysed a catena of judgments, including Neeharika Infrastructure Pvt. Ltd. Versus State of Maharashtra & others and Sunil Todi & others Vs. State of Gujarat & Another, to conclude that "whether or not the cheque was issued in the discharge of a legal liability by the petitioner or was misused by the respondent-complainant would be a matter of adjudication during trial as it is a disputed question of fact. The Court cannot embark upon an enquiry as to the reliability or genuineness of the allegations made in the FIR/complaint and the defence of the accused cannot be looked at by the Court in summary proceedings under Section 482 Cr.P.C."
Further, the Court also reiterated that once the witness has been examined on oath, or had deposed even by way of an affidavit, the holding of an inquiry by the Magistrate was not required. In that context, it said that "thereby had proceeded to summon the petitioner. The Revisional Court after considering the arguments raised by the petitioner has reiterated the prima facie findings arrived at by the summoning Court." Therefore, it was concluded that no further enquiry was necessary as the summoning order did not betray the non-application of mind.
Finding no merit in the petition, the same was dismissed by the Court.
Cause Title: Guljari Lal v. Kotak Mahindra Bank