S SHAKILA Vs. JUPIETAR MATCH INDUSTRIES

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the proceedings initiated against the petitioner for the offence under Section 138 of the Negotiable Instruments Act, 1881.

(2.) The learned counsel appearing for the petitioner brought to the notice of this Court several documents in order to substantiate the case of the petitioner that the respondent has already encashed eight containers belonging to the petitioners by supplying to the customers in Nigeria. Therefore, the petitioner is not liable to make any payment to the respondent and in fact, it is the respondent, who has to settle the amount to the petitioner. The learned counsel appearing for the petitioner would further submit that a complaint has been given against the respondent and appropriate orders have been passed by the learned Judicial Magistrate, under Section 156 (3) Cr.P.C. directing the Police to register a complaint.

(3.) The learned counsel appearing for the respondent would submit that the material which have been relied on by the learned counsel appearing for the petitioner cannot be looked into by this Court at the stage of considering the Quash Petition under Section 482 Cr.P.C. The learned counsel would further submit that this Court can only look into the averments made in the complaint and also the documents filed along with the complaint and nothing more. The learned counsel would further submit that all these documents relied upon by the petitioner has to be marked before the Court below at the time of trial. Therefore, the learned counsel would submit that there are no merits in this Criminal Original Petition and the same has to be dismissed.