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2009 (7) TMI 1143 - SUPREME COURT
Whether or not the cheque was issued by the appellant is pre-mature as the same would be determined only after the evidence has been led by the parties/
Whether or not in the light of the afore-mentioned factual position, as projected in the complaint itself, it was a fit case where the High Court should have exercised its jurisdiction under Section 482 of the Code?
Held that:- Appeal allowed. There is little doubt that the very first ingredient of Section 138 of the Act, enumerated above, is not satisfied and consequently the case against the appellant for having committed an offence under Section 138 of the Act cannot be proved. Bearing in mind the legal position it was a fit case where the High Court, in exercise of its jurisdiction under Section 482 of the Code, should have quashed the complaint under Section 138 of the Act.