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2018 (1) TMI 740 - HC - Indian LawsUndated cheques - jurisdiction of Courts to decide the matter - the cheques in questions were handed over as security deposit to the complainant/opposite party - Held that: - an agreement was executed by and between the parties and the petitioners executed bank guarantee and also handed over some cheques in favour of the complainant/opposite party. Clause 10 clearly reveals that the parties had agreed that the complainant/opposite party shall have the liberty to take legal actions against the present petitioner under Section 138 of the Negotiable Instrument Act, 1881 or any other Act or law in the event of any default or non-performance on the part of the petitioners in honouring the said cheque. It is therefore apparent from the said clause that authority was given to the complainant/opposite parties to take appropriate action under Negotiable Instrument Act and the present petitioners also agreed to that effect. It is well settled principle of law that while exercising jurisdiction under Section 482 of the Code of Criminal Procedure, the Courts should not indulge in meticulous examination of the factual aspect thereby usurping the jurisdiction of the learned Magistrate to decide the actual state of affairs. In that view of this case simply on the basis of the fact that such cheques were undated, it cannot be said that the said cheques were issued as security and without having any existing debt or liability. The application appears to be premature, if not devoid of merit and accordingly the application under Section 482 of the Code of Criminal Procedure stands dismissed.
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