RAJESH NARAYANA Vs. T. MOSAIVALSALAM

JUDGEMENT

(1.) THIS petition is filed praying to quash the complaint and all further proceedings pending as C.C.No. 353 of 2009 on the file of the Judicial Magistrate of First Class -1, Kuzhithurai.

(2.) THE case of the petitioners is that the complainant did not show that there was fraudulence and dishonour of the cheque on the part of the petitioners, but there was only a cheque bounce issue involved. The Magistrate, on receiving the complaint, has examined the complainant and taken cognizance for the offence under Section 420 r/w 34 of IPC. The grievance of the petitioners is that without conducting enquiry, summons have been issued to the accused under sections 204 of Cr.P.C.

(3.) IN State of Haryana and others Vs Bhajan Lal and others reported in : 1992 Supp.(1) SCC 335, the Hon'ble Supreme Court has made it clear that it may not be possible to lay down any precise clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list to myriad kinds of cases wherein such power should be exercised: