TaxTMI 
TaxTMI 
2023 (12) TMI 668
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....of 15 days in refiling the petition is condoned. The application stands disposed of. CRL.M.C. 4993/2023 & CRL.M.A. 19002/2023 (stay) 1. The present petition under Section 482 Cr.P.C has been filed by the petitioners seeking the following reliefs: - "It is therefore, prayed this Hon'ble Court may kindly quash the proceedings/complaint/order of Cognizance/Order of summoning dated16.03.2023 against the petitioners (the alleged accused of the main complaint) from the Complaint Case No. C.C. N1 ACT6887/2022, case titled Strabag Engineers Private Limited Vs. Dynamic Aura LLP in the interest of justice." 2. The complainant (respondent no. 2 herein) had instituted a complaint under Section 138 read with Section 142 of Negot....
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....ners are concerned, there is no dispute with regard to the proposition of law laid down in the said judgments, but with due regard, the same are not applicable to the facts of the present case as perusal of the records of the case shows that all the statutory requirements have been complied with as the cheque in question was presented within its validity period, the cheque got dishonored vide return memo dated 20.08.2022 and subsequently, when the petitioners still failed to make any payments, the legal notice was issued on 25.08.2022. Moreover, as far as the contention of learned counsel for the petitioner that no cause of action arises as a defective legal notice has been issued has no force in it as the petitioner has failed to give any ....
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....raised by the accused before the Court of the Metropolitan Magistrate under Section 251 of the Cr.PC & under Section 263(g) of the Cr.PC. Along with this plea, he can file necessary documents and also make an application, if he is so advised, under Section 145(2) of the NI Act to recall the complainant to cross-examine him on his plea of defence. However, only after disclosing his plea of defence, he can make an application that the case should not be tried summarily but as a summons trial case. 8. An offence under Section 138 of the NI Act is technical in nature and defences, which an accused can take, are inbuilt; for instance, the cheque was given without consideration, the accused was not a Director at that time, accused was a sleepi....
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....ffidavit about the issuance of cheque, dishonour of cheque, issuance of demand notice etc., he can be cross-examined only if the accused makes an application to the Court as to, on what point he wants to cross examine the witness(es) and then only the Court shall recall the witness by recording reasons thereto. 10. Sections 143 and 145 of the NI Act were enacted by the Parliament with the aim of expediting trial in such cases. The provisions of summary trial enable the respondent to lead defence evidence by way of affidavits and documents. Thus, an accused who considers that he has a tenable defence and the case against him was not maintainable, he can enter his plea on the very first day of his appearance and file an affidavit in his de....
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....he offence as well as the conditions required to be fulfilled before initiating the prosecution. 13. These ingredients and conditions are to be satisfied mainly on the basis of documentary evidence, keeping in mind the presumptions under Sections 118 and 139 of the NI Act and Section 27 of the General Clauses Act, 1897 as well as the provisions of Section 146 of the Act. 14. The parameters of the jurisdiction of the High Court, in exercising jurisdiction under Section 482 Cr.PC, are now almost well-settled. Although it has wide amplitude, but a great deal of caution is also required in its exercise. The requirement is, the application of well known legal principles involved in each and every matter. Adverting back to the facts of the ....
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....or day to day affairs and management of the accused No. 1 at the relevant time period. Fm1her, the court has examined the documents filed by the complainant and is satisfied with regard to sufficiency of grounds to proceed against the accused as prescribed u/s 202 Cr.P.C. All the statutory requirements under the N.I. Act are complied with. Following the law laid down in A.C. Narayanan Vs. State of Maharashtra (2014) 11 SCC 809, complaint, affidavit of evidence and other annexed documents considered. Accordingly, the formal recording of pre-summoning evidence stands dispensed with. After perusal of the entire record, the court is of the considered opinion that prima facie a case punishable u/s 138 N.I. Act, 1881 is made out against accused N....