TMI Blog2021 (11) TMI 825X X X X Extracts X X X X X X X X Extracts X X X X ..... 7,40,000/- subject matter of the complaint was though issued to the respondent initially yet on the asking of the respondent in lieu of the said cheque two more cheques of ₹ 3,70,000/- each were issued to the respondent and further the cheque ₹ 7,40,000 though returned by the respondent to the petitioner was again stolen by him after the amounts of two cheques were withdrawn by the respondent - The Court is of the considered view that the transaction as presented by the petitioner in the present has infact happened or meant to take place in that manner cannot be determined or commented upon by this Court in the present proceedings. The exact nature of liability can be brought on record by the complainant during the trial. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Town Hall Jammu, from Account No. 1279 maintained in the name of the firm of the petitioner was issued to the respondent. The further case of the petitioner is that later on the request of the respondent two cheques of ₹ 3,70,000 each were issued to the respondent in lieu of earlier cheque issued for ₹ 7,40,000/-. These two cheques were drawn on the account maintained by the petitioner in the J K Grameen Bank Samba. Both the aforesaid cheques were drawn by the respondent and the amount was transferred in the account of the respondent on 11.05.2013. The cheque earlier issued for ₹ 7,40,000/- was returned by the respondent, but later on the said cheque was stolen by the respondent from the office of the petitioner after h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gistered with Police Station Domana with regard to theft committed by the respondent of the cheque amounting to ₹ 7,40,000/-. The complaint filed by the respondent is abuse of process of law and is required to be quashed on that score. 4. Mr. V. Bhushan Gupta, learned Advocate appearing on behalf of respondent, has argued that the present petition is not maintainable as the grounds pleaded in the same do not make out a prima facie case for quashment of the complaint. It is submitted that the arguments raised on behalf of the petitioner are in factual context and cannot be determined in the present petition. The presumption in law is that if the cheque is issued by the party the same is presumed to be issued in the discharge of some ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of two cheques were withdrawn by the respondent. The Court is of the considered view that the transaction as presented by the petitioner in the present has infact happened or meant to take place in that manner cannot be determined or commented upon by this Court in the present proceedings. The issues raised in the petition are factual in nature and cannot be gone into by this Court. The total amount of two cheques is equivalent to the single cheque which was subsequently stolen cannot be mere coincidence in the facts of the case is also pleaded by the petitioner herein but this aspect cannot be speculated or presumed in the present petition so as to provide relief to the petitioner. 7. It is also pleaded that the nature of liability ..... X X X X Extracts X X X X X X X X Extracts X X X X
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