TMI Blog2020 (1) TMI 390X X X X Extracts X X X X X X X X Extracts X X X X ..... should be exercised very sparingly and with great circumspection. It does not confer on the court to act arbitrarily as per its own whims and caprice. The basic law is that the complaint under Section 138 of Negotiable Instrument Act cannot be quashed by High Court by taking recourse to Section 482 Cr.P.C, if disputed questions of facts are involved which need to be adjudicated after respective evidence is led by the parties before the trial court. It cannot be said that the learned trial Court has committed any error and / or illegality in issuing summons for offence under Section 138 of the Negotiable Instruments Act, 1881, or the same deserves to be quashed and set aside by this Court in exercise of powers under Section 482 of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th malice intention to avail extra money from the petitioner. Learned counsel for the petitioner submits that no case under section 138 of the Negotiable Instrument Act is made out and the summoning order passed by the court below is illegal, contrary to law and is gross misuse of the process of the Court. 3. Per contra, learned counsel for the State has vehemently opposed the submissions made by the learned counsel for the petitioner. It has been submitted that no case is made out for quashing the proceedings under the Negotiable Instrument Act. It has been submitted that the trial court after considering the entirety of the matter and also on perusal of evidence has summoned the petitioner. The cheque of ₹ 33.00 lakhs was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... look into the defence of the accused. The Court is only required to see whether on the basis of the averments made in the complaint and the relevant particulars produced by the Complainant, there are grounds for proceeding against the accused. Inherent power of quashing criminal proceedings should be exercised very sparingly and with great circumspection. It does not confer on the court to act arbitrarily as per its own whims and caprice. At this stage, the Courts could not have gone into the merits and reached a conclusion that there are no existing debt or liability and quash the complaint. Therefore, the basic law is that the complaint under Section 138 of Negotiable Instrument Act cannot be quashed by High Court by taking recourse to S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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