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2021 (10) TMI 1227 - DELHI HIGH COURTDishonor of Cheque - existence of recoverable debt or not - NEFT transfer was made towards the outstanding cheque amount or not - HELD THAT:- The issue as to whether this Court can enter into disputed questions of facts, while exercising powers under Section 482 Cr.P.C., is no longer res integra. The Supreme Court in STATE FARM CORPN. OF INDIA LTD. VERSUS NIJJER AGRO FOODS LTD. AND ORS. [2005 (7) TMI 726 - SUPREME COURT] has taken the following view in respect of exercise of power under Section 482 Cr.P.C. by High Courts where it was held that Whether the said payment has been made or it is towards some of the amounts covered by the cheques are all the questions which can be decided only at the trial of the complaint cases under Section 138 of the Negotiable Instruments Act and could not have been made the basis of allowing the revision petition. Similar view has been taken in S. KRISHNAMOORTHY VERSUS CHELLAMMAL [2015 (3) TMI 1386 - SUPREME COURT], where the Supreme Court held that when there are disputed questions of facts involved, the same would be a matter of trial and cannot be decided in the proceedings under Section 482 Cr.P.C. This Court is of the view that while exercising its power under Section 482 Cr.P.C., it would be expedient for the Court to not go into the disputed questions of fact, the same being a matter of trial - Petition dismissed.
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