Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 2 - HC - Indian LawsDishonor of Cheque - it was contended that cheque in question did not represent an amount that could be termed as “legally enforceable or other liability” which was due - section 138 of Negotiable Instruments Act - Jurisdiction under Section 482 Cr.P.C. - Held that:- This Court finds that the petitioners at best raise questions of fact mixed with questions of law which cannot be examined or effectively addressed in the limited jurisdiction under Section 482 Cr.P.C., it being desirable that the same be left to be adjudicated upon on the basis of formal evidence led by both sides at the trial. The contention of the petitioners is that the amount of cheque represented a liability which was not due on the date of issuance of the cheque - This contention cannot be accepted as correct at this stage of the process without proper inquiry. A presumption arises from the act of issuance of cheque that it was “for the discharge in whole or in part, of” a debt or other liability and in terms of Section 139 NI Act, onus to prove facts to the contrary so as to rebut the said presumption would be of the petitioners. This Court declines to interfere at this stage in the ongoing criminal prosecution of the petitioners on the complaint of the respondent - petition dismissed.
|