More than prima facie case -- In case of Section 319 Cr.P.C. the test that has to be applied is one which is more than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if not rebutted, would lead to conviction and in absence of such satisfaction the Court should not exercise its power under Section 319 Cr.P.C.

(P&H HC) Decided on: 02.06.2022

Quashing of summoning order – In FIR there were no specific allegations against the petitioners – Even in the statement of complainant by the police before the registration of the FIR, there were no specific allegations -- Testimony of the complainant in the Court whereby she raised specific allegations of entrustment of particular amount against petitioner ‘P’ and of cheating against petitioner ‘S’ appears to be an afterthought and thus, are shrouded by suspicion – Prosecution failed to establish that the evidence available on record is more than prima facie to proceed against the present petitioners under Section 319 Cr.P.C -- Petition allowed and the impugned order set aside.

(P&H HC) Decided on: 02.06.2022