SAU. KAMAL SHIVAJI POKARNEKAR vs THE STATE OF MAHARASHTRA

The Supreme Court held that the High Court erred in quashing the criminal proceedings initiated against the Respondents under Sections 420, 465, 467, 468, 471 read with Section 34 IPC, as the complaint disclosed sufficient ingredients of the alleged offences. The Court emphasized that at the stage of cognizance, the Magistrate is only required to ascertain if a prima facie case exists, without delving into the merits of the evidence. The appeal was allowed, reinstating the process issued by the Trial Court.