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MANOJ BAJAJ
Kutumb Marketing Company – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Manoj Bajaj, J.—Applicants have filed this application under Section 482 Code of Criminal Procedure for quashing of Complaint Case No. 3955 of 2015; titled Vinay Kumar Mittal vs. M/s Kutumb Marketing Company and another, filed by complainant-opposite party no. 2, under Section 138 Negotiable Instruments Act, 1881. Briefly, the facts leading to the application are that complainant-Vinay Kumar Mittal brought a complaint under Section 138 Negotiable Instruments Act, 1881 against M/s Kutumb Marketing Company, a Proprietorship Firm represented by applicant no. 2 namely Smt. Meetu wife of Paritosh Srivastava, with the averments that the applicant no. 2 is Proprietor of the applicant no. 1-Firm and is responsible for the conduct of business of the Firm, and the complainant has given a office bearing No. 608 S.L. Tower, Alpha Commercial Belt Greater Noida, District Gautam Budh Nagar, to the accused on rent. The accused never paid the rent in time and for the last two years, there is no rendition of the rent account, and whenever the official of the complainant visits the accused-Firm for demand of rent, he is scolded, and seldom some rent is paid by way of cheques, but the said ch
Dishonour of cheque – Complaint case cannot be quashed on disputed facts.
The accused needs to rebut the presumption that the cheque was issued for the discharge of debt or other liability under Section 138 of the Negotiable Instruments Act, 1881.
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
A cheque issued as security does not negate potential liability under S.138 of the Negotiable Instrument Act if essential legal conditions are met.
The presumption of a legally enforceable debt under the Negotiable Instruments Act remains until disproven, and the determination of such issues is a matter for the trial court.
The High Court cannot resolve factual disputes in a quashing petition under Section 482 of the Code of Criminal Procedure, as such matters must be determined by the trial court.
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