2019 (8) TMI 1882

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... For the Respondents : Mr. Sanjeev Sabharwal, APP for the State Ms. Rebecca M. John, Senior Advocate with Mr. Shikhar Sareen, & Mr. Joseph Pookkati, & Mr. Dhawesh Pahuja, Advs. for R-2. ORDER The petitioner has been summoned as accused to answer accusations of offence under section 138 of the Negotiable Instruments Act, 1881 by the Metropolitan Magistrate by the impugned order dated 01.06.20....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... eventually having come to an understanding that the said money would be returned, the shares allocated in favour of the complainant to be transferred proportionately. It is against such backdrop that four cheques were handed over, the dispute forming subject matter of the criminal case relating to the first of them (bearing No.035122) which, upon presentation was returned dishonoured on the groun....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....tion at hand relate to "factual defences", which cannot be considered by this court by the limited inquiry permissible on a petition under section 482 Cr.P.C. [HMT Watches Limited vs. M.A. Abida & Anr., (2015) 11 SCC 776]. In above context, the following observations of the Supreme Court in Rajiv Thapar and Ors. Vs. Madan Lal Kapoor, (2013) 3 SCC 330 also need to be borne in mind. "29.....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... inherent jurisdiction under Section 482 CrPC the High Court has to be fully satisfied that the material produced by the accused is such that would lead to the conclusion that his/their defence is based on sound, reasonable, and indubitable facts; the material produced is such as would rule out and displace the assertions contained in the charges levelled against the accused; and the material prod....