2005 (2) TMI 882

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..... pportunity, counter affidavit has not been filed bythe respondent. We have heard the learned counsel for the parties. Leave granted. The appellant filed a complaint against the respondent under section 138of the negotiable instruments act, 1881 on a petition filed by the respondent undersection 482 of the code of criminal procedure, 1973 [for short, the code ]. Thehigh court, by the impu .....

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..... de any ground has been raised in support of the prayer for quashingthe proceedings. Be that as it may, if any defence on facts has to be raised, it could notbe made a ground for quashing the proceedings, being a disputed question of fact. For the aforesaid reasons, we set aside the impugned judgement and orderof the high court, allow the criminal appeal and direct that the complaint shall Pr .....

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