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TMI Blog2021 (12) TMI 146X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of the complaint under Section 138 of the Negotiable Instruments Act (hereinafter called 'the Act'). 2. The complaint filed by the respondent herein against the petitioners pertains to alleged issuance of cheque in favour of the respondent to the tune of Rs. 38,69,980/- purportedly as discharge of the liability of the petitioners towards the respondent-complainant for executing the work to the full satisfaction of the petitioners-accused. As the cheque was not encashed when presented to the concerned Bank and the cheque amount was not paid despite notice from the respondent within the statutory period, the complaint came to be filed by the respondent under Section 138 of the Negotiable Instruments Act against the petitioners. The cheque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... "the High Court, in exercise of its jurisdiction under Section 482 of the Cr.P.C, must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of allegations leveled by the prosecution/complainant against the accused. Likewise, it is not a stage for determining how weighty the defenses raised on behalf of the accused is. Even if the accused is successful in showing some suspicion or doubt, in the allegations leveled by the prosecution/complainant, it would be impermissible to discharge the accused before trial. This is so, because it would result in giving finality to the accusations leveled by the prosecution/complainant, without allowing the prosecution or the complainant to adduce evidence to subs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... his argument that as the cheque in question is purportedly issued by the petitioner-Company in favour of the respondent after the final bill of Rs. 1,48,192.92 had been raised by the respondent himself shows that the cheque in question was infact got forcibly issued from the petitioners. 8. The letter dated 27.11.2000 referred to by the petitioners, in view of the court, does not advance the argument of the learned counsel for the petitioners. It may be mentioned that this letter notes that the bill is apart from the revised claim which the author of the letter is to submit shortly. The contents of the letter are to be read in the light of the other facts which may come on record during trial if the petitioners intend to rely upon the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the trial the exact nature of liability in pursuance to which the cheque was issued by the petitioners herein. Of course, the author of the cheque can take all the defense that may be available to him during the course of trial. There is a presumption under law that the cheque issued is in discharge of some legal liability though the presumption can be rebutted by the accused during the course of trial. 11. The Apex Court in Rajeshbhai Muljibhai Patel and others etc. Vs. State of Gujarat and another etc., (Criminal Appeal Nos. 251-252 of 2020 decided on 10.02.2020) has held that "when disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint under Section 138 of the N.I. Act oug ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l. 15. The argument is also raised that the respondent herein has not controverted the stand taken by the petitioners herein qua the application filed for dropping of proceedings before the trial court and therefore, the complaint is without basis. The objections to the application filed by the respondent/complainant reveal that the respondent has filed detailed reply and has prima facie controverted the stand of the petitioners herein. This Court in the present petition is not to fathom the nature of reply filed by the respondent and cull out the unrebutted allegations, if any, with microscopic analysis. The Court finds no reason either to interfere in the order dated 19.05.2012, passed by the trial court, whereby the application filed fo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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