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2023 (8) TMI 737 - HC - Indian LawsDishonour of Cheque - Framing of charges - legally recoverable debt or liability was in existence for issuance of the cheques, or not - invocation of inherent jurisdiction under Section 482 of CrPC - HELD THAT:- It is mentioned that in furtherance of business and for business need of the accused, complainant had advanced him money from time to time. When complainant demanded settlement of account, the accused has issued the cheuqes in question. Therefore, the complaint prima facie reflects allegations with regard to existence of legally recoverable debt or liability. The averment in the complaint would be supported by legal presumption under Section 138 and 139 of Negotiable Instruments Act at trial. The documents with regard to dissolution of partnership and the statement contained therein, may be probable defence of the accused which cannot be gone into at the preliminary stage of proceeding i.e., cognizance and framing of charge. From the complaint and the statement of complainant, no inference of absolute lack of legally recoverable debt or liability can be drawn. It cannot be said that the allegations as reflected in the complaint, if taken at their face value and accepted in their entirety, would not be sufficient to constitute an offence punishable under Section 138 of Negotiable Instruments Act. Also, the case under consideration does not fall within the ambit of principles laid down in case of Amit Kapoor [2014 (1) TMI 1042 - SUPREME COURT] for invoking inherent jurisdiction under Section 482 of CrPC. This Court is of the considered opinion that no case is made out for quashment of proceedings. Petition dismissed.
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