2024 (6) TMI 382

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....itioner : 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 instance of the original complainant o....

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....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.20,10,000/- (Rupees Twenty Lakh Ten Thousand)....

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....nt 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 to refer to decisions of this Court i....

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....en 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. Undoubtedly, the question regarding the t....