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2022 (9) TMI 994 - Indian Laws
Dishonor of Cheque - existence of legally enforceable debt or not - post-dated cheque issued as security for further extension of lease period - section 138 of NI Act - HELD THAT:- It is clear that the post-dated cheque issued after it has been covered and the cheque issued towards security are very much covered under Section 138 of Negotiable Instruments Act and the issues as to whether the cheque was issued as post-dated one or whether the cheque was issued as security are the matter of defence and as such, the disputed question cannot be resolved in the proceedings under Section 482 Cr.P.C.
Even assuming for arguments sake that the case putforth by the respondent is absurd or improbable even then, since the same touches upon the facts of the case, the same cannot be gone into at this stage as they are the matters which are required to be established by way of the evidence and this Court, exercising its powers under Section 482 Cr.P.C. will not be justified to try these factual aspects - It is also settled law that the High Court cannot embark upon the appreciation of evidence while considering the petition filed under Section 482 Cr.P.C., for quashing the criminal proceedings.
A perusal of the complaint and other records available, makes out a prima facie case against the petitioner at this stage and there appear to be sufficient ground for proceeding against the petitioner. Hence, this Court concludes that the above Criminal Original Petition is devoid of merits and the same is liable to be dismissed - this Criminal Original Petition is dismissed.