The main contention point in this case in the Hon’ble Apex Court was “he was not heard during the preliminary inquiry conducted by the reference court under Section 340 of the Code.”

An exercise of the court at that stage is not for finding whether any offence was committed or who committed the same. The scope is confined to see whether the court could then decide on the materials available that the matter requires inquiry by a criminal court and that it is expedient in the interest of justice to have it inquired into.