In Brief
A complaint was filed alleging criminal intimidation and theft under IPC Sections 323, 379 read with Section 34. The Judicial Magistrate found a prima facie case and took cognizance. The High Court quashed the complaint, reasoning that the underlying dispute was civil in nature (involving a shop tenancy) and noting contradictions in witness statements. The Supreme Court allowed the appellant's appeal, holding that the High Court erred by: (1) failing to examine whether the complaint allegations actually constituted the alleged offences; (2) treating the pendency of a civil suit as a bar to criminal prosecution; and (3) appreciating evidence and witness credibility, which is the trial court's function. The Court restored the Magistrate's cognizance order.
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