Court dismisses petition challenging quashing of private complaint under Section 138 The Court dismissed the Criminal Original Petition challenging the quashing of a private complaint under Section 138 of the Negotiable Instruments Act. ...
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Court dismisses petition challenging quashing of private complaint under Section 138
The Court dismissed the Criminal Original Petition challenging the quashing of a private complaint under Section 138 of the Negotiable Instruments Act. The Court held that the issues raised by the petitioner should be addressed during the trial and not in a quash application. It directed the trial Court to complete the trial within three months, emphasizing that its observations were only for the purpose of disposing of the petition. Consequently, the Criminal Original Petition was dismissed, and the connected miscellaneous petition was closed.
Issues: Challenge to quash private complaint under Section 138 of the Negotiable Instruments Act.
Analysis: The petitioner argued that the complaint should be quashed as the cheque amount exceeded the admitted liability. The petitioner contended that for Section 138 NI Act to apply, the cheque must be drawn to discharge a liability, which in this case was &8377; 8,50,991, not the full amount of the cheque. The petitioner cited the Angu Parameswari Textiles case to support this argument.
The respondent, on the other hand, maintained that the petitioner's argument should be addressed during the trial and not in a quash application. Referring to the Uttam Ram case, the respondent emphasized that discrepancies in the amount due should not dismiss a complaint if the cheque was issued for a crystallized amount, as seen in Kishan Rao, Kumar Exports, and Rangappa cases. The respondent highlighted that the defence of the cheque being misplaced was not sufficient to quash the complaint.
The Court concluded that the issues raised by the petitioner should be dealt with during the trial and not in the quash application. The Court directed the trial Court to complete the trial within three months, emphasizing that its observations were only for the purpose of the petition's disposal. Consequently, the Criminal Original Petition was dismissed, and the connected miscellaneous petition was closed.
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