2020 (12) TMI 1122

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....egotiable Instruments Act, 1881. 2. Heard learned counsel for the petitioners and learned Public Prosecutor. Perused the record. 3. Learned counsel for the petitioners would submit that the petitioners have issued the cheques in question towards collateral security and not towards legally enforceable debt, and as such, there is no legally enforceable debt. He has also referred to the agreement dated 19.08.2015 entered between the petitioners and the second respondent. In the said agreement, it is mentioned that the said cheques were issued in favour of the second respondent by the petitioners herein as collateral security for the amount borrowed from the second respondent and the petitioners have also executed two promissory notes tow....

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.... which are to be triable by the Court below. As discussed supra, the issue whether the petitioners have issued the said cheques towards legally enforceable debt or not to the second respondent is a triable issue. The petitioners did not mention any other ground on which they are seeking to quash the proceedings in C.C.No.141 of 2016 except the said ground. 7. On the other hand, learned counsel for the second respondent would submit that all the issues raised by the petitioners are triable issues. The petitioners have issued the said cheques towards discharge of legally enforceable debt. He would further submit that the petitioners are not disputing their signatures on the said cheques and therefore, the Court below has to draw a presumpt....

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....aint and consideration of allegations therein, in the light of the statement made on oath that the ingredients of the offence are disclosed, there would be no justification for High Court to interfere. Defences may be available, or facts/aspects which when established during trial, may lead to acquittal, were not grounds for quashing complaint at threshold. At that stage, only question relevant is whether averments in complaint spell out ingredients of a criminal offence or not. The correctness or otherwise of the allegations had to be decided only in trial. At initial stage of issuance of process, it is not open to Courts to stifle proceedings by entering into merits of the contentions made on behalf of accused. Criminal complaints cannot ....