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2022 (11) TMI 492 - HC - Indian LawsDishonor of Cheque - rebuttal of presumptions - compromise arrived at between the parties or not - Section 138 of NI Act - HELD THAT:- Admittedly no compromise had been arrived at between the parties to the subject complaint. The submission of the learned counsel appearing on behalf of the petitioners that the cheques had been issued for the same invoices and therefore would give rise to the same cause of action is not tenable, in view of the fact that the cheques in both the complaints had allegedly been issued for discharge of liability, in part, arising out of the invoices relied upon by the respondent. It is for the petitioner to prove that the said cheques were not issued towards discharge, in whole or part, of any debt or liability. This court cannot go into factual issues which are not admitted between the parties. Moreover, it is settled law that the scope of enquiry in exercise of jurisdiction under Section 482 CrPC is limited. The court should be slow to grant relief at a pre-trial stage, before parties have had an opportunity to adduce evidence. This inherent jurisdiction must be exercised sparingly and with great circumspection. This Court finds no reason to interfere with the impugned judgment - petition dismissed.
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