TMI Blog2023 (11) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... , hence, the instant application is devoid of merit and is hereby dismissed. Since, the instant complaint case is pending since 2019, learned Magistrate is directed to proceed with the matter in accordance with law and particularly, in accordance with the provisions of Section 143 of Negotiable Instruments Act and try to conclude the said proceeding, expeditiously. Application dismissed. - Hon'ble Anish Kumar Gupta, J. For the Applicant : Shashi Kant Shukla For the Opposite Party : G. A. , Anupam Shukla,Murli Dhar Mishra,Ramesh Chandra Shukla,Vivek Shukla ORDER 1. Heard Sri Shashi Kant Shukla, learned counsel for the applicant, Sri Murli Dhar Mishra, learned counsel for opposite party no.2 and Sri Pankaj S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case is made out against the applicant herein as the applicant has not denied the issuance of cheque or the cheque amount. He has disputed the liability to make the payment for want of consideration for the same. The contention which has been raised by learned counsel for the applicant in the instant application disputing the liability for want of consideration, are the disputed facts which has to be proved by the applicant during the trial of the said case by leading the evidence in trial. Learned counsel for the applicant has further relied upon Section 58 of Negotiable Instruments, Act, whereby he has argued that the said cheque was obtained by the opposite party no.2 by unlawful means for unlawful consideration, however, whether the sai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w, committed a serious error in quashing the criminal complaint in CC No. 367 of 2016 filed under Section 138 of the NI Act. 13. Bearing in mind the principles for exercise of jurisdiction in a proceeding for quashing, let us now turn to the materials in this case. On careful reading of the complaint and the order passed by the Magistrate, what is discernible is that a possible view is taken that the cheques drawn were, in discharge of a debt for purchase of shares. In any case, when there is legal presumption, it would not be judicious for the quashing Court to carry out a detailed enquiry on the facts alleged, without first permitting the trial Court to evaluate the evidence of the parties. The quashing Court should not take upon it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court, in exercise of its jurisdiction under Section 482 CrPC, must make a just and rightful choice. This is not a stage of evaluating the truthfulness or otherwise of the allegations levelled by the prosecution/ complainant against the accused. Likewise, it is not a stage for determining how weighty the defences raised on behalf of the accused are. Even if the accused is successful in showing some suspicion or doubt, in the allegations levelled by the prosecution/ complainant, it would be impermissible to discharge the accused before trial. This is so because it would result in giving finality to the accusations levelled by the prosecution/complainant, without allowing the prosecution or the complainant to adduce evidence to substantiat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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