factual disputes has to be adjudicated before the Trial Court by letting in evidence

138 NI ACT- QUASH PETITION DISMISSED

Negotiable Instruments Act, 1881, Section 138 - Criminal Procedure Code, 1973, Section 482 - Quashing of complaint - Scope - Whether cheque issued for security purpose and not for discharging any legally enforceable debt/liability - Disputed question of fact - Defence raised by the petitioner as to whether the cheques were issued only for the purpose of security and the cheques were misused by the respondent and other factual disputes has to be adjudicated before the Trial Court by letting in evidence - Not appropriate to quash Criminal proceedings - Instant case did not meet parameters laid down by Apex Court - In case 2021 SCC Online SC 3/5 - Quash petition dismissed with liberty to raise defence before Trial Court. (Madras) [DocId#2436576]