- (1.) Hon'ble Justice Deepak Misra speaking for the Bench vide judgment dated 06.01.2017 rendered by Hon'ble Supreme Court of India in Ajay Singh and anr and etc. v. State of Chattisgarh and Anr., [Criminal Appeal Nos. 32-33 of 2017 [S.L.P. (Crl.) Nos. 7694-7695 of 2016 dated 06.01.2017] has observed in the following words: Performance of judicial duty in the manner prescribed by law is fundamental to the concept of rule of law in a democratic State. It has been quite often said and, rightly so, that the judiciary is the protector and preserver of rule of law. Effective functioning of the said sacrosanct duty has been entrusted to the judiciary and that entrustment expects the courts to conduct the judicial proceeding with dignity, objectivity and rationality and finally determine the same in accordance with law. Errors are bound to occur but there cannot be deliberate peccability which can never be countenanced. The plinth of justice dispensation system is founded on the faith, trust and confidence of the people and nothing can be allowed to contaminate and corrode the same.
(2.) The above noted observations would have significance, relevance and applicability to the case in hand also. Rather the observations would be relevant for the process of adjudicating and judging any matter.
(3.) Atul Sharma, the accused, has filed this petition for issuance of a writ in the nature of certiorari quashing First Information Report registered in context of Case Crime No.0679 of 2016 dated 09.06.2016 Police Station Gomti Nagar, District Lucknow under Section 138 Negotiable Instruments Act, 1881 Sections 420, 467 and 471 Indian Penal Code.;