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2022 (4) TMI 359 - HC - Indian LawsDishonor of Cheque - Rejection of application of the petitioner seeking discharge in the criminal case - petitioners filed an application seeking discharge in criminal case on the ground that since the entire disputed amount has already been paid to the respondent during the period May 2017 to 2018, the complaint under Section 138 of the NI Act and Section 420 of IPC is not maintainable - HELD THAT:- The petitioners have filed copy of statement of leisure account from which payment is said to have been made to the respondent firm. On 26.10.2021 itself, the application of the petitioners has been considered and rejected by the learned JMFC observing that the present case relates to dishonour of cheque, in which on 11.08.2021, the particulars of offence were stated to the accused/petitioners under Section 251 of CrPC, which was denied by him and it was stated that he had given the blank cheque to the respondent firm, which has been misused and thereafter the case was fixed for complainant's evidence. In such circumstances, the present case is a subject matter of evidence, which cannot be decided at this stage without going into merits of the case and accordingly the application of the petitioners was rejected and the case was again fixed for complainant's evidence under Section 254 of CrPC. Applying the principle laid down by the Hon'ble Supreme Court in SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH VERSUS THE STATE OF JHARKHAND & ANR. [2021 (11) TMI 66 - SUPREME COURT] in the present case as well, it is quite vivid that the present complaint case under Section 138 of the NI Act is a summons trial case and the learned Trial Court has rightly held that prima facie application cannot be decided without going into merits of the case in absence of any evidence. This finding of Trial Court is based on correct appreciation of provisions of law, which cannot be interfered with by this Court. Petition dismissed.
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