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2017 (8) TMI 198 - HC - Indian LawsOffence under Negotiable Instrument Act - scope of the enquiry carried on by this Court under Section 482 of Cr.P.C - Held that:- In view of the factual matrix of the case and admissibility of the certain documents alleged to have been executed by the accused namely legal notice dated 03.05.2013 issued by the first accused wherein, he admitted the liability and the truth and genuineness of the letter of undertaking which is alleged to have been given by the second accused for the first accused are all can be gone into only by the trial Court and therefore, this Court is of the considered view that the contention of the learned counsel for the petitioner that the present being petitioners are not signatory to be cheque and hence, the proceedings against that needs to be quashed cannot be entertained at this stage, in view of factual matrix of the case. In view of the aforesaid of the facts of the case and documents relied upon by the respondent/complainant herein. The truth and genuineness of the documents relied upon by the respondent/complainant can only be gone into at the time of trial before the trial Court and with these observations, this Court is of the considered view that this Criminal Original Petition as devoid of merits and same is rejected. It is open to the petitioners/accused 3,4,and 6 to raise objections as to the admissibility and reliability of the documents filed by the respondent/complainant before the trial Court and it is hereby made clear that observations made in the preceding paragraphs is only for a limited extent to determine the issue involved in this case and trial Court shall proceed with a trial without being influenced by the observation of this Court in the preceding paragraphs.
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