TaxTMI 
TaxTMI 
2023 (11) TMI 879
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....2019 (Umesh Chandra Shukla Vs. Chandra Kant Mishra), under Section 138 Negotiable Instruments Act, Police Station - George Town, District - Allahabad. 3. Learned counsel for the applicant submits that there was an agreement to sale between the parties and in terms of the said agreement to sale, a cheque of Rs.30,00,000/- was issued by the applicant herein in favour of opposite party no.2. The said cheque was presented by opposite party no.2 for encashment with bank which was dishonoured and after dishonoured of the cheque the complainant has informed the applicant for the said dishonour of cheque and demanded the cheque amount within 15 days. However, in spite of making the payment, the applicant herein is disputed the liability and refuse....
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....Babu Unnikrishnan Vs. The State (Govt. of NCT of Delhi) & Another reported in [2022] 4 S.C.R. 989, the Apex Court has held that whenever the facts are disputed the truth should be allowed to emerge by weighing the evidence. Apex Court has held as under: "12. At any rate, whenever facts are disputed the truth should be allowed to emerge by weighing the evidence. On this aspect, we may benefit by referring to the ratio in Rajeshbhai Muljibhai Patel vs. State of Gujarat where the following pertinent opinion was given by Justice R. Banumathi: - "22. When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint under Section 138 of the NI Act ought not to have been quashed by the ....
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....o conclusively vindicate either the complainant or the defence. 14. The parameters for invoking the inherent jurisdiction of the Court to quash the criminal proceedings under S.482 CrPC, have been spelled out by Justice S. Ratnavel Pandian for the two judges' bench in State of Haryana v. Bhajan Lal6, and the suggested precautionary principles serve as good law even today, for invocation of power under Section 482 of the Cr.P.C. "103. We also give a note of caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or oth....