Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 1619 - HC - Indian LawsDishonor of Cheque - petitioner was a Nominee Director of the Company at the time of offence or not - cheque given as security or otherwise? - HELD THAT:- In the instant case not only completely self-contradictory stand has been taken, no offence had been made out which discloses the offence under section 420 of the Indian Penal Code. Learned Magistrate had taken cognizance off offence under sections 406, 419, 420 read with section 120B of the Indian Penal Code - Here this Court is considering the existing liability of section 138 of the N.I. Act. The petitioner though does not dispute that liability, it has spoken of a litigant, which has travelled civil litigation, which is pending and also litigation which has travelled to NCLT. Even while accepting that the cheques, which are accepted and said to have been dishonored, and endorsement on the back side of the same being given towards the security with no dispute with regard to non-payment of electricity charges for all the three months being July, 2016 to September, 2016 and the dispute with regard to respondent complainant not having obtained captive power plant status and the letter of credit having been furnished by the company and where the same was, according to the required format of the bankers of respondent or where there was any other difficulty in getting the same negotiated are some of the questions, which are being disputed questions of facts and also being essentially the defence of the petitioner, shall need to go before the trial Court for it to adjudicate in accordance with law. In such circumstances to prevent the abuse of process of law, the Court can step in and indulge. However, where the complaint filed is genuine, the High Court as per this decision is not to travel beyond the prescribed limit and sometimes on the very same set of facts, civil and criminal both proceedings are maintainable.
|