2024 (1) TMI 507

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....rl) No.11500/2019) CRIMINAL APPEAL NO.53 OF 2024 (Arising out of SLP(Crl) No.11724/2019) CRIMINAL APPEAL NO.49 OF 2024 (Arising out of SLP(Crl) No.110/2020) CRIMINAL APPEAL NO.52 OF 2024 (Arising out of SLP(Crl) No.109/2020) CRIMINAL APPEAL NO.50 OF 2024 (Arising out of SLP(Crl) No.11499/2019) HON'BLE MR. JUSTICE SURYA KANT And HON'BLE MR. JUSTICE K.V. VISWANATHAN For the Petitioner ....

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....solely on the ground that there was no factual basis to show existing debt or liability. The High Court has in this regard referred to paragraph no.3 of the complaints, which are similarly worded, and consequently held that in the absence of necessary averments in the complaint regarding the nature of transaction between the parties, the proceedings under Section 138 of the N.I. Act were liable to....

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....000/-  -----DO---- 014296 17.10.13 Rs.1,40,00000/- -----DO---" 6. On a bare reading thereof, we find that the complainant has specifically averred that there were financial transactions between the complainant-Company and the accused persons and "in discharge of part liability towards complainant-Company..........", the accused persons in connivance with each other issued th....

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....ic plea has been taken, it can be later on substantiated by adducing evidence at an appropriate stage. On a reading of paragraph 3 of the complaint, we are satisfied that the appellant has made the necessary averments in order to prima facie attract the consequences under provisions of the N.I. Act. The High Court, thus, fell in error in misconstruing the averments made in the complaint(s). 8. ....