Quashing or dismissal of complaint
1 Even if Accused appears to have sincere defense as to debt or liability, he cannot invoke S.482 or Writ remedy; he has to prove his defense by cross examining the complainant or by leading evidence.
2 Whether the subject debt or liability is being barred by limitation, have to be decided in trial. The High Court ought not to decide the same whilst exercising jurisdiction under S. 482 of the CrPC.
3 Only in Cases where the amount is clearly non recoverable, towards which a cheque is issued, the High Court may be justified in exercising jurisdiction u/s 482 of CrPC.
4 In Cases of prosecution against Directors / partners of a Firm, the proceedings may be quashed u/s 482 if they be able to furnish some sterling, incontrovertible material or acceptable circumstances.
5 Powers u/s 482 can be exercised in cases when the HC comes across unimpeachable and incontrovertible evidence to indicate that Accused did not have any concern with the issuance of cheques.
6 Complaint cannot be quashed on the ground that the power of attorney holder has no knowledge about the transactions; and the issue have to be decided in the Trial.
7 Section 138 prosecution cannot be quashed on the grounds of allegation by Accused that complainant has forged the signature of Accused and Expert opinion confirms the same.
8 F.I.R. cannot be registered for the offence of forgery etc, in view of pendency of Civil Suit and relevant Issue has been framed in that behalf.