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2022 (2) TMI 54 - HC - Indian LawsDishonor of Cheque - legally enforceable debt or not - excessive amount is shown in the possession notice - account classified as NPA - main contention of petitioner is that the cheque given as a security has been filled for excess amount and such cheque cannot be enforced in the eye of law - HELD THAT:- In the judgment in Angu Parameswari Textile [P] Ltd. v. Sri Rajam [2001 (1) TMI 1012 - MADRAS HIGH COURT] this Court has held that where any cheque was drawn for payment of any amount of money for the discharge in whole or any part of any debt or other liability and if the cheque is more than the amount of the debt due, Section 138 of the Negotiable Instruments Act cannot be attracted. In the judgment in M/s.Pawan Enterprises Vs. Satish H.Verma [2003 (1) TMI 757 - BOMBAY HIGH COURT], it has been held that the cheque issued for security purpose cannot be enforced. Whether or not, the cheque has been presented for excess liability is a matter of evidence. This Court while exercising the power under section 482 Cr.P.C. cannot make a roving enquiry into the disputed facts. Therefore, the contention of the learned Counsel for the petitioner that the cheque in question was filled for excess amount other than the liability cannot be gone into at this stage and the same cannot be a ground to quash the proceedings. Considering the judgments of the Apex Court and the fact that the liability is also admitted in one of the letter, whether or not cheque amount exceeds the liability are the disputed facts and the same can be gone into only during the trial and not in a petition filed under section 482 of Cr.P.C. In such view of this matter, merely there is a dispute with regard to the payment of interest and immovable properties have already been mortgaged and proceedings under the SARFAESI Act has also been initiated, those proceedings is no way relevant to quash the proceedings under section 138 of the Negotiable Instruments Act and this petition filed to quash the proceedings is liable to be dismissed. The trial Court is directed to expedite trial and dispose of the case in C.C.No.18 of 2014 within a period of four months from the date of receipt of a copy of this Order - petition dismissed.
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