2020 (7) TMI 814 - HC - Indian Laws

Dishonor of cheque - existence of legally enforceable debt or not - It is averred in the petition that the respondent is a stranger to the petitioner and that the petitioner never borrowed any amount as alleged in the complaint given by the respondent herein, and question of issuance of cheque does not arise - HELD THAT - This Court finds that the grounds raised by the petitioner in this petition missed the question of facts and as such it cannot be considered for quashing the complaint by invoking Section 482 Cr.P.C. Hence, this petition is devoid of merits and accordingly, dismissed.

Summary

Issues Involved:
Petition to quash complaint under Sections 138 and 142 of Negotiable Instruments Act, 1881 based on lack of borrowing and cheque issuance.

Analysis:
The petitioner filed a petition seeking to quash a complaint under Sections 138 and 142 of the Negotiable Instruments Act, 1881. The petitioner contended that they were a stranger to the respondent and had not borrowed any amount as alleged in the complaint. It was emphasized that no cheque was issued in favor of the respondent due to the absence of any borrowing. The respondent accused the petitioner of borrowing Rs.5,00,000 and failing to repay it, leading to the issuance of a dishonored cheque. The Court observed that the petitioner's grounds for quashing the complaint did not address the factual aspects, rendering them insufficient under Section 482 Cr.P.C. Consequently, the petition was dismissed for lacking merit. The Court directed the trial court to complete the proceedings within six months from the date of the order due to the complaint's age from 2015.