9911796707
TMI Blog2007 (3) TMI 824X X X X Extracts X X X X X X X X Extracts X X X X ..... the instruments were presented, the payee's bank returned them with the remarks Accounts Closed . The complainant allegedly issued notice calling upon the Petitioner- accused to make good the amounts in terms of the cheques within the stipulated notice period. The demands were not complied with; in these circumstances the complaints were preferred. 3. Mr. R.K. Kapoor, learned Counsel contends that the petitioner did not owe any amount to the respondent-complainant. The complainant, according to the petitioner's version was his Clerk/Accountant and privy to his business. The petitioner, it is contended, was ailing at that time, due to Diabetic Nephropathy, leading to renal failure for 15 years and had to frequently undergo dialys ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mpliance of the provisions of Section 138, which mandates that the complainant should disclose the nature of the liability due and that the same is legally enforceable. 6. Counsel for the second respondent-complainant opposed the petition and urged that at the stage of issuance of summoning order, the Court has to be merely satisfied that the ingredients under Section 138 were made out; this has to be on the basis of the allegations in the complaint, the documents presented and the pre-summoning evidence. The Court, in this case, upon being satisfied that all the necessary averments and materials existed on record, issued the summoning order. There is no infirmity with it. 7. Learned Counsel contended that the allegations of the Petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... legally enforceable debt. The petitioner has apparently also lodged some complaints with police authorities alleging loss and misuse of the cheques. He has contended that the amounts were not payable by him as there was no transaction leading to his debt or liability. The question, therefore, is whether in such circumstances this Court can, on the basis of these allegations quash criminal proceedings. 11. In complaint proceedings alleging commission of offence under Section 138, the Court while issuing the summoning order is expected to ascertain and satisfy itself that the averments made and the materials placed before it broadly conform to the ingredients of that provision. The object of the provision amended further in 2002, was to en ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the complainant or not, should not be pre-judged by the High Court. If there is some indication in the complaint, invocation of the power under Section 482 Cr.P.C. would not be justified. In the present case the complainant has unequivocally asserted that the cheques were issued in part payment of a loan or advance obtained by the Petitioner. The veracity or accuracy of that assertion should not be gone into by this Court; it is open to be considered in the trial. For the purpose of this proceeding, I am satisfied that such averments conform to the stipulation in Section 138 of the Act. 15. As regards the other contention namely, absence of liability of the petitioner due to loss or theft of the cheques, those are essentially matters o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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