TaxTMI 
TaxTMI 
2024 (6) TMI 382
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.... SATISH CHANDRA SHARMA For the Petitioner : Mr. Sudeep Sehgal, Adv. Mr. Sandeep Singh, AOR For the Respondent : Mr. Vikramjit Banerjee, Adv. Mr. Mukesh Kumar Maroria, AOR Mr. Bharat Sood, Adv. Mr. Saransh Kumar, Adv. Mr. Vishnu Shankar Jain, Adv. Mr. Shaurya Rai, Adv. Mr. Madhav Sinhal, Adv. Ms. Deeksha Ladi Kakar, AOR ORDER 1. Leave granted. 2. This is an appeal instituted at the i....
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.... and/or liability qua Respondent No. 2 was time barred. 4. Prima-facie from the materials placed before us, it is revealed that pursuant to various transactions entered into by and between the (i) Appellant; (ii) Respondent No. 2; and (iii) Jasween Sandhu i.e., Accused No. 2 in the Underlying Complaint, allegedly pertaining to year 2011, the Appellant was owed a sum of approximately Rs.20,10,00....
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....nforceable debt or liability on account of being barred by limitation. Accordingly, in the aforesaid circumstances, the prosecution of Respondent No. 2 under Section 138 of the NI Act was held to be improper; and accordingly, by way of impugned judgment, the High Court quashed the summoning order issued by the Trial Court; and the Underlying Complaint. 6. At the threshold, it would be apposite ....
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....ter of evidence and could not have been adjudicated in an application filed by the Accused Under Section 482 of the CrPC." 7. From a perusal of legal position enunciated above, it is clear that the classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties. We agree with aforesaid opinion. Undo....