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TMI Blog2021 (9) TMI 721X X X X Extracts X X X X X X X X Extracts X X X X ..... tions can very well be raised during the course of trial and not at this stage, here only prima facie case is to be seen, as such, impugned order dated 01.05.2014 needs no interference by this Court at this stage. Present application under Section 482 CrPC is devoid of merit - Application dismissed. - CRIMINAL REVISION No. 2016 of 2014 - - - Dated:- 8-9-2021 - Hon'ble Rajiv Gupta, J. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013 in favour of the Opposite Party No.2 for an amount of ₹ 14,50,000/-. On presentation of the said cheque before the Bank, it was dishonoured and returned back. After dishonour of the cheque, a legal notice was sent by the opposite party no.2 to the applicant to make good the payment of the cheque amount, however, despite being noticed, the applicant has not made good the payment of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 20.01.2014, the applicant moved an application for discharge, stating therein that the cheque has not been presented before the bank within prescribed period, as such, proceedings under Section 138 of Negotiable Instruments Act cannot be drawn against him, however, trial court by holding that the disputed facts shall be considered during the course of trial, rejected the said discharge application ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e material on record has rightly dismissed the discharge application. Learned counsel for the opposite party no.2 has further submitted that under the provisions of Negotiable Instruments Act, there is no provision of discharge, as the offence is to be tried summarily under Section 260 CrPC. Moreover, the summoning order could also not be recalled in view of law laid down in the case of Adalat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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