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Judgment
Markandey Katju, C.J.—This writ appeal has been field against the impugned order dated 23.11.2004. We have carefully perused the
impugned order and heard the learned counsel for the appellant and find no merit in the appeal.
It appears that the appellant had prayed that the proceedings u/s 138 of the Negotiable Instruments Act be not initiated against it or its Directors
or officers. It is well-settled principle vide State of Andhra Pradesh Vs. Golconda Linga Swamy and Another, , Mrs. Rupan Deol Bajaj and
another Vs. Kanwar Pal Singh Gill and another, , State of Haryana v. Bhajan Lal, 1992 SCC (Cri.) 426, etc. that the High Court under Article
226 of the Constitution cannot interfere in criminal proceedings unless on a perusal of the First Information Report or the complaint, even treating
the allegations therein to be correct, no offence has been made out. If an offence is prima facie made out on a perusal of the First Information
Report or the complaint, treating the allegations therein to be true, then the High Court cannot interfere and the accused has to face the criminal
proceedings. In our opinion, in this case, it cannot be said that a prima facie case is not made out. We have also not been shown that recovery
proceedings has been initiated against the appellant. Hence, in our opinion, the writ petition itself was premature in that connection. There are no
merits in the appeal. The appeal is dismissed. Connected WAMP is also dismissed.