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2021 (9) TMI 557 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - threat and coercion - mis-utilisation of funds - jurisdiction under Section 482 of Criminal Procedure Code - HELD THAT:- The fact in the present case is not in dispute that there was a Memo of Compromise between the parties dated 24.07.2014. It is the claim of the petitioner that by force and intimidation, the said Memo of Compromise was entered into between the parties. Further it is admitted by the petitioner that she had issued two cheques bearing No. 578187 and 578186, as security towards the vehicle loan obtained by the husband of the petitioner. However as per the Memo of Compromise, the petitioner is liable to the respondent for a sum of ₹ 10,00,000/- - On the other hand, it is the claim of the respondent that there is a legally enforceable debt against the petitioner as clearly mentioned in the Memo of Compromise to pay the balance amount of ₹ 12,17,680/-. Though it is the case of the petitioner that she has discharged her legal liability towards the loan obtained by her husband, however, the memo of compromise entered into between the parties stares at the petitioner. Though it is the case of the petitioner that the said memo of compromise has been obtained from her by way of threat and coercion and the cheque had been misutilised by the respondent, however, those are points that have to be canvassed by the petitioner at the time of trial and this Court, sitting under Section 482 Cr.P.C., cannot go into the merits of the case - this Court is not inclined to interfere with the proceedings pending before the Court below. This petition is disposed of directing the trial court to dispose of as expeditiously as possible as per seniority of the case.
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