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IN THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH)
SHAMIMA JAHAN
Dhani Ram Baruah Heart Institure And Research Centre – Appellant
Versus
Gupta Hardware Private Limited – Respondent
| Table of Content |
|---|
| 1. complaint under section 138 of n.i. act. (Para 2 , 3) |
| 2. disputed payments concerning transactions. (Para 4 , 5 , 6) |
| 3. court directs parties to trial. (Para 7) |
| 4. criminal petition disposed. (Para 8) |
JUDGMENT :
SHAMIMA JAHAN, J.
1. Heard Mr. T.N. Sreenivasan, learned counsel for the petitioners. Also heard Ms. P. Gupta, learned counsel and Mr. M.J. Hazarika, learned counsel for the respondent Nos. 1 & 2 and Mr. M.P. Goswami, learned Addl. Public Prosecutor for the State of Assam.
2. By this petition filed under Section 482 read with Section 397 and 401 of the Cr.PC, the petitioners have prayed for quashing of the proceedings of the complaint case being Complaint Case No. 474/2013 registered under Section 138 of the Negotiable Instruments Act pending before the Court of Judicial Magistrate First Class, Kamrup (Metro) at Guwahati, Assam. The petitioners have also challenged the Order dated 06.02.2015, by which the learned Court of Judicial Magistrate First Class has registered the petition of the petitioners, wherein they prayed for dropping of the proceedings of the complaint case on the ground that payment have already been made to the complainant.
3. The complaint date
Disputed payments related to a dishonored cheque necessitate trial court consideration; quashing a complaint is inappropriate in the presence of factual disputes.
A complaint under the Negotiable Instruments Act cannot be quashed if payment disputes necessitate a trial to resolve competing claims.
The court held that payment disputes related to a cheque must be resolved in court, emphasizing that quashing cannot occur when factual issues are present.
Point of Law : When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint under Section 138 of the N.I. Act ought not to have been qua....
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