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2017 (3) TMI 1845 - HC - Indian LawsDishonor of Cheque - Vicarcious Liability - leading of the evidence during the trial - Section 141 of the Negotiable Instruments Act - HELD THAT:- On a similar issue, Hon'ble Supreme Court, in the case of SAMPELLY SATYANARAYANA RAO VERSUS INDIAN RENEWABLE ENERGY DEVELOPMENT AGENCY LIMITED [2016 (9) TMI 867 - SUPREME COURT], has held whether cheque was given as security or there existed outstanding liability or not is question of fact. Under such conditions, the High Court cannot entertain disputed question of fact under S. 482 CrPC. The High Court needs to exercise power under Section 482 CrPC with great deal of caution. Even though, defence of accused appears to be plausible, but it should not be considered, while exercising power under Section 482 CrPC. In the said case, post dated cheques were issued; as observed by Hon'ble Apex Court, postdated cheques is a well-recognized mode of payment and it depends on each case. While dealing with a quashing petition, the Court has ordinarily to proceed with all the averments in the complaint, defence of the accused cannot be considered at this stage. The Court considering the prayer for quashing, does not adjudicate upon the disputed questions of fact. Therefore, the question has to be answered in favour of the respondent No. 2 and against the applicant - petition dismissed.
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