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TMI Blog2019 (8) TMI 1882X X X X Extracts X X X X X X X X Extracts X X X X ..... e it was held that the judicial conscience of the High Court would persuade it to exercise its power under Section 482 CrPC to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice. The petitioner is at liberty to raise such defences as are available to him before the court which has summoned him in the above case. Petition dismissed. - HON'BLE MR. JUSTICE R.K.GAUBA For the Petitioner : Mr. Gautam Dhadmija, Advocate with Mr. Abinash Kumar, Advocate For the Respondents : Mr. Sanjeev Sabharwal, APP for the State Ms. Rebecca M. John, Senior Advocate with Mr. Shikhar Sareen, Mr. Joseph Pookkati, Mr. Dhawesh Pahuja, Advs. for R-2. ORDER Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice of notice on demand the petitioner had failed to make the payment, this constituting offence under section 138 of the Negotiable Instruments Act, 1881. The petitioner seeks quashing of the criminal proceedings primarily on the ground that the cheque in question was not issued in discharge of legally recoverable debt , an issue also sought to be raised with regard to claim about transfer of shares. It has been pointed out that in the defence pleaded in answer to the notice under section 251 Cr.P.C. the petitioner has, inter alia, stated that the cheques in question were given as security there being other defences also raised. It is clear that the grounds agitated by the petition at hand relate to factual defences , which c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lled against the accused; and the material produced is such as would clearly reject and overrule the veracity of the allegations contained in the accusations levelled by the prosecution/complainant. It should be sufficient to rule out, reject and discard the accusations levelled by the prosecution/complainant, without the necessity of recording any evidence. For this the material relied upon by the defence should not have been refuted, or alternatively, cannot be justifiably refuted, being material of sterling and impeccable quality. The material relied upon by the accused should be such as would persuade a reasonable person to dismiss and condemn the actual basis of the accusations as false. In such a situation , the judicial conscience of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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