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TMI Blog2019 (2) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... court while the criminal case arising out of FIR no. 53/2013 is pending - This Court finds the view taken by the revisional court to be wholly unfair and unjust. Though questions would arise in the criminal case under Section 138 NI Act as to whether cheque in question had come in the hands of the petitioner legitimately or not, the contentions of the respondents are a matter of defence which wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng offence under Section 138 of Negotiable Instruments Act, 1881 having been committed by them on account of non-payment inspite of notice of demand sent in the wake of dishonor of cheque bearing no. 539333 dated 18.09.2013 drawn on Axis Bank Ltd. in the sum of ₹ 54,32,500/- statedly issued by them in his favour against the account of the second respondent (company accused), the other respon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r has been that on account of friendly relationship he had advanced a loan of an amount to the second respondent (company accused), part of which (Rs. 58,27,500) having been repaid, the balance liability (Rs. 54,32,500) was sought to be discharged by the said respondents handing over the afore-mentioned cheque it having been issued as a post-dated cheque. The cheque, upon presentation, however, wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he cheque books and at times he would get blank cheque signed from the third respondent. The petitioner, on the other hand, contends that the FIR has been got registered under directions of the Additional Chief Metropolitan Magistrate on basis of misleading facts. 5. The revisional court considered it proper to stay the proceedings in the criminal complaint case under Section 138 NI Act again ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Section 138 NI Act as to whether cheque in question had come in the hands of the petitioner legitimately or not, the contentions of the respondents are a matter of defence which will have to be raised by them, the burden of proof of the requisite facts in such regard being placed on them. There is no reason why the case arising out of above-mentioned FIR should have a primacy or priority over the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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