9911796707
TMI Blog2024 (6) TMI 382X X X X Extracts X X X X X X X X Extracts X X X X ..... he issuance of the summoning order, the underlying debt and/or liability qua Respondent No. 2 was time barred - HELD THAT:- The classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties. Undoubtedly, the question regarding the time barred nature of an underlying debt or liability in proceedings u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tance of the original complainant of a complaint lodged under inter alia Section 138 of the Negotiable Instruments Act, 1881 (the NI Act ) (the Underlying Complaint ) assailing an order dated 06.09.2022 passed by the High Court of Delhi (the High Court ) in CRL. M.C. No. 556 of 2019 whereunder the High Court quashed an order dated 03.08.2017 passed by the Metropolitan Magistrate -10, South-East, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wenty Lakh Ten Thousand). Accordingly Respondent No. 2 issued a cheque bearing number 329623 dated 06.03.2017 drawn on Syndicate Bank, Branch West Punjabi Bagh, Central Market, New Delhi-110026 for a sum of Rs.20,00,000/- (Rupees Twenty Lakh) in favour of the appellant (the Subject Cheque ). 5. Upon a perusal of the Impugned Judgement, it is disclosed that High Court has relied upon (i) the Assure ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of this Court in Yogesh Jain v. Sumesh Chadha, Criminal Appeal Nos. 1760-1761 of 2022 whereunder this Court has opined on the scope of interference by the High Court in proceedings under 138 of the NI Act qua an allegedly time barred debt at the stage of issuance of summons, whilst exercising its jurisdiction under Section 482 of the Code of Criminal Procedure, 1973 (the CrPC ). The operative pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... time barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and fact which ought not to be decided by the High Court exercising jurisdiction under Section 482 of the CrPC. 8. Accordingly, the appeal is allowed, and the Impugned Order is set aside. The proceedings emanating from the Underlying Complaint i.e., CC No. 6437 of 2017 i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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