2019 (2) TMI 197

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....DER (ORAL)   1. The petitioner had instituted a criminal complaint case (CC no. 1049/2013) against the second to fourth respondents herein alleging offence under Section 138 of Negotiable Instruments Act, 1881 having been committed by them on account of non-payment inspite of notice of demand sent in the wake of dishonor of cheque bearing no. 539333 dated 18.09.2013 drawn on Axis Bank Ltd. i....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is stated to be an accused, the said FIR having been registered at the instance of the respondents.   3. It appears that the case of the petitioner has been that on account of friendly relationship he had advanced a loan of an amount to the second respondent (company accused), part of which (Rs. 58,27,500) having been repaid, the balance liability (Rs. 54,32,500) was sought to be discharged....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....that magisterial court has ignored the fact that the petitioner was looking after the administrative functions of the company accused and was custodian of the cheque books and at times he would get blank cheque signed from the third respondent. The petitioner, on the other hand, contends that the FIR has been got registered under directions of the Additional Chief Metropolitan Magistrate on basis ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h session.   7. This Court finds the view taken by the revsional court to be wholly unfair and unjust. Though questions would arise in the criminal case under Section 138 NI Act as to whether cheque in question had come in the hands of the petitioner legitimately or not, the contentions of the respondents are a matter of defence which will have to be raised by them, the burden of proof of th....