Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2022 (8) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 693 - HC - Indian LawsDishonor of Cheque - time limitation - the petitioner accused firm has sought for quashing of the impugned entire proceeding primarily on the ground of limitation - HELD THAT:- The disputed question of fact and law pertaining to limitation is still subjudiced in the trial court, which is the primary ground in the instant petition for the prayer for quashing and setting aside the impugned proceeding under Section 138 of the NI Act and on the other hand, it is noticed that the petitioner accused has newly impleaded one Gopal Prasad Joshi, the partner of the complainant firm as respondent No. 4 who, as stated above, is not a party in the complaint case. In such backdrop of facts, this Court is not inclined to render any effective judicial decision on the prayer of the petitioner. The learned trial court is directed to take a decision on the point of Limitation, after affording opportunity of being heard to both the parties afresh, in accordance with law - Petition dismissed.
|