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2018 (10) TMI 1975 - HC - Indian LawsDishonor of Cheque - insufficiency of funds - cheque was issued as a security or not - rebuttal of presumption - Section 138 and 139 of the Negotiable Instruments Act - HELD THAT:- This Court is of the view that the same is a disputed question of fact and cannot be decided in a quash application. Similarly, whether the cheque amount exceeds the debt amount is also a disputed question of fact and can be decided only during trial. It is for the complainant-bank to establish the ingredients of the offences under Section 138 of the Negotiable Instruments Act and only thereafter the burden under Section 139 of the Negotiable Instruments Act will fall upon the accused. In this case, there is no admission by the complainant-bank that the cheque amount exceeds the debt amount - In S. Krishnamurthy Vs Chellammal [2015 (3) TMI 1386 - SUPREME COURT], the Hon'ble Supreme Court has very clearly held that while dealing with an application in Criminal Procedure Code, disputed questions of fact cannot be gone into. Hence, this petition is closed with liberty to the petitioner to raise all the points before the Trial Court. G.R.Surana/3 rd petitioner is directed to appear before the Trial Court within a period of two weeks from the date of receipt of a copy of this order and file an application under Section 436 Cr.P.C for bail - petition closed.
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