2021 (10) TMI 1227

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.... seeking quashing of the proceedings arising out of Complaint Case No. 8452/2017 filed under Section 138 N.I. Act read with Section 142 N.I. Act, pending before the learned Metropolitan Magistrate-03, Patiala House Courts, New Delhi, and the consequential orders. 2. Learned counsel for the petitioner submits that in the present case the petitioner had issued the cheque in question for Rs. 5,02,316/- towards the outstanding liability. He further submits that on receipt of the legal notice dated 12.05.2017, which was received on 20.05.2017, the petitioner, within the stipulated period of 15 days, had made the aforesaid payment by way of NEFT transfer on 03.06.2017. He thus submits that the entire debt has been cleared and there was no occa....

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....rketing and selling of various dental equipment and its parts. 6. As per the complaint filed by the respondent, the petitioner had issued the cheque in question in order to discharge its legally payable debt/liability towards the respondent for the goods supplied by it to the petitioner from time to time. On presentation, the cheque was dishonoured and returned with the remarks 'exceeds arrangement'. The petitioner was informed but he failed to take any positive steps. Thus, a legal notice dated 12.05.2017 was issued calling upon him to make the payment of the outstanding cheque amount within 15 days of receipt of the notice. As the petitioner failed to make the outstanding payment, the aforementioned complaint case was filed bef....

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....ding of this email does not lend support to the petitioner's claim that the NEFT transfer was made towards the outstanding cheque amount. 11. From the above, it is apparent that the position of the parties remains disputed on facts of the case. The issue as to whether this Court can enter into disputed questions of facts, while exercising powers under Section 482 Cr.P.C., is no longer res integra. The Supreme Court in State Farm Corpn. of India Ltd. v. Nijjer Agro Foods Ltd. and Others reported as (2005) 12 SCC 502 has taken the following view in respect of exercise of power under Section 482 Cr.P.C. by High Courts when there are disputed questions of fact involved:- "3. Though, at this stage, we are not going into the merit....

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....ns which are disputed and factual in nature in a proceeding under Section 482 of the Code. 6. In Padal Venkata Rama Reddy v. Kovvuri Satyanarayana Reddy, this Court, explaining the law on the scope of Section 482 of the Code, has observed, in para 32, as under: (SCC p. 448) '32. It would not be proper for the High Court to analyse the case of the complainant in the light of all the probabilities in order to determine whether conviction would be sustainable and on such premise arriving at a conclusion that the proceedings are to be quashed. In a proceeding instituted on a complaint, exercise of inherent powers to quash the proceedings is called for only in a case in which the complaint does not disclose any offence or i....