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2017 (12) TMI 556 - HC - Indian LawsCognizance of offence under Section 138 of NI Act - Held that:- This Court is of the considered opinion that it was not necessary for the complainant to allege that even on the date of the issuance of the subsequent cheques the applicant was responsible and in-charge of day-to-day business of the Company. The averments made in paragraph 2 of the complaint are sufficient to proceed against the applicant for an offence under Section 138 of the Negotiable Instruments Act. The basic averments are that the accused no.1 M/s Amrit Feeds Limited. had purchased DOC and for payment of the said purchased material cheques of ₹ 16,66,75,992/- were issued and when they stood bounced, another set of cheques were issued by the accused no.2 Harish on 13/2/2016. Whether the second set of cheques issued on 13-2-2016 would also amount to acknowledgment in writing or not is also a question, which is to be decided he Trial Court. This Court is of the considered opinion that since the question of limitation is a mixed question of fact and law, which can be decided by the trial Court only after considering the evidence which would ultimately come on record, therefore, at this stage it is held that there is sufficient allegation in the complaint to proceed against the applicant under Section 138 of Negotiable Instruments Act. It is an undisputed fact that the Trial has reached to an advanced stage and the case is fixed for recording of accused statement. Even otherwise, on that ground also, the application under Section 482 of Cr.P.C. is liable to be dismissed. Thus, this Court is of the considered opinion that the Trial Court did not commit any mistake in taking cognizance of the offence under Section 138 of Negotiable Instruments Act,
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