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2019 (8) TMI 1882 - HC - Indian LawsDishonour of Cheque - discharge of legally recoverable debt or cheque given as security - transfer of shares - factual defences - HELD THAT:- It is clear that the grounds agitated by the petition at hand relate to “factual defences”, which cannot be considered by this court by the limited inquiry permissible on a petition under section 482 Cr.P.C. The observations of the Supreme Court in RAJIV THAPAR & ORS. VERSUS MADAN LAL KAPOOR [2013 (1) TMI 932 - SUPREME COURT] needs to be borne in mind where it was held that the judicial conscience of the High Court would persuade it to exercise its power under Section 482 CrPC to quash such criminal proceedings, for that would prevent abuse of process of the court, and secure the ends of justice.” The petitioner is at liberty to raise such defences as are available to him before the court which has summoned him in the above case. Petition dismissed.
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