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Awadh Constructions vs. Amarpreet Shuttering - (High Court of Delhi) (13 Apr 2022)

Court, in exercise of its jurisdiction under Section 482 of CrPC cannot go into the allegations made in the complaint or delve into the disputed question of facts

MANU/DE/1207/2022

Criminal

The present petition under Section 482 of Code of Criminal Procedure, 1973 (CrPC) has been filed by the Petitioner for quashing the Criminal Complaint filed by the Respondent under Section 138 of the Negotiable Instruments Act and pending before the Court of the learned Chief Metropolitan Magistrate and quashing the summoning order passed by the learned Chief Metropolitan Magistrate in Criminal Complaint.

In the instant case, the Respondent no. 2/complainant in his complaint under Section 138 and 142 of N.I. Act has made specific averments that the Accused No.1 is a Partnership Firm and through its proprietor approached the Complainant for providing shuttering material and requested the complainant to supply the said materials to the Accused. The Accused in order to partly liquidate the outstanding amount and towards the legally enforceable debt, which has been due and payable to the complainant, issued a cheque, which was dishonoured.

The Court, in exercise of its jurisdiction under Section 482 of CrPC cannot go into the truth or otherwise of the allegations made in the complaint or delve into the disputed question of facts. The issues involving facts raised by the Petitioner by way of defence can be canvassed only by way of evidence before the Trial Court and the same will have to be adjudicated on merits of the case and not by way of invoking jurisdiction under Section 482 of CrPC at this stage.

In the instant case, all these issues mentioned hereinabove involves disputed question of facts and law and cannot be decided unless and until the parties go to trial and lead their respective evidence. Though invariably the initial phase of a litigation under Section 138 of the N.I. Act depends on how well the pleadings or the allegations are laid down or articulated, by the complaint, in the ultimate analysis, it is the trial that alone can bring out the truth so as to arrive at a just and fair decision for the parties concerned.

Accordingly, no flaw or infirmity in the proceedings pending before the Trial Court. However, the Trial Court shall certainly consider and deal with the contentions and the defense of the Petitioner in accordance with law. Petition dismissed.

Tags : COMPLAINT   PROCEEDINGS   QUASHING OF  

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