9911796707
TMI Blog2022 (2) TMI 1162X X X X Extracts X X X X X X X X Extracts X X X X ..... ts Act, which is pending in STC. No. 606 of 2017 before the Judicial Magistrate Fast Track Court No. I, Erode. 2. The primary contention of the petitioner is that the petitioner was having leather business with the respondent. During course of business the petitioner purchased leather materials to the tune of Rs. 14,50,991/- on 06.04.2016 by Invoice No. 20. At that time, the cheque bearing No. 844386 was drawn on Syndicate Bank, Ranipet Branch, Vellore dated 06.06.2016 for a sum of Rs. 14,50,991/- issued. Subsequently, on 16.07.2016 the accused paid a sum of Rs. 2,00,000/- through RTGS. Further on 18.07.2016 the said cheque was returned and thereafter, a fresh cheque drawn on Syndicate Bank, Ranipet Branch, Vellore on 18.05.2017 for a sum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de, which have been given due credit and thereafter, now for the said amount of Rs. 14,50,991/- prosecution has been launched. He further submitted that Section 138 of the Negotiable Instruments Act, attracts only when the cheque was issued in discharge of any liability or part liability. In this case, the liability amount has been considerably reduced and thereafter, the respondent proceeded against the petitioner with the cheque which was given earlier. 4. The learned counsel for the respondent submitted that the petitioner's contention cannot be decided in the quash application and it is a matter of fact which has to be decided during the trial. He further referred to the order of the Hon'ble Apex Court in Uttam Ram Vs. Devinder ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not dismiss the complaint only on account of discrepancies in the determination of the amount due or oral evidence in the amount due when the written document crystalizes the amount due for which the cheque was issued." This case is also similar to it. The points raised by the learned counsel for the petitioner can be raised only during the trial and not to be decided in this quash application. 5. In view of the same, this Court is not inclined to entertain this Criminal Original Petition. It is made clear that the observations made in this order are only for the purpose of the disposal of the above petition and the trial Court uninfluenced by the above observations may decide the case on merits accordingly. Finding that the case is kept ..... X X X X Extracts X X X X X X X X Extracts X X X X
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