9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (11) TMI 879 - HC - Indian LawsDishonour of Cheque - rebuttal of presumption u/s 139 of NI Act - HELD THAT - While exercising the powers under Section 482 Cr.P.C. and from perusal of the complaint under Section 138 Negotiable Instruments, Act, prima facie case is made out against the applicant herein in view of the presumption under Section 139 Negotiable Instruments, Act and the conditions of Section 138 Negotiable Instruments, Act are satisfied, therefore, there is no ground for interfering in the summoning order passed by the learned Magistrate, hence, the instant application is devoid of merit and is hereby dismissed. Since, the instant complaint case is pending since 2019, learned Magistrate is directed to proceed with the matter in accordance with law and particularly, in accordance with the provisions of Section 143 of Negotiable Instruments Act and try to conclude the said proceeding, expeditiously. Application dismissed.
Issues Involved:
The issues involved in this case are the quashing of the summoning order dated 21.10.2019 and the entire proceedings of Complaint Case No.938 of 2019 u/s 138 Negotiable Instruments Act. Summary: The applicant disputed the liability for a dishonored cheque issued under an agreement to sale. The applicant argued that the cheque was obtained by the opposite party through unlawful means for unlawful consideration. The applicant's counsel relied on Section 58 of the Negotiable Instruments Act and disputed the liability for want of consideration, claiming it as a disputed fact to be proved during trial. The High Court referred to a Supreme Court case emphasizing that disputed facts should be resolved by weighing evidence and quashing a complaint should not be done based on inter se disputes without considering statutory presumptions. The Court found a prima facie case against the applicant based on the presumption u/s 139 Negotiable Instruments Act and upheld the summoning order, dismissing the application. The Court directed the Magistrate to proceed with the case expeditiously in accordance with the law and the provisions of Section 143 of the Negotiable Instruments Act.
|
