TARAPADA MISTRY Vs. NILIMA MONDAL

JUDGEMENT

(1.) THE petitioner has approached this court for quashing of a proceeding under section 138 of the N.I. Act, now pending before the Metropolitan Magistrate, 14th Court, Calcutta. The learned counsel for the petitioner in support of the prayer for quashing contended as follows:

(2.) THE first two grounds being pure question of facts cannot at all be taken into consideration to decide the question of quashing and those are the matters to be adjudicated during the trial on evidence. So far as the third ground is concerned on the face of the provisions of section 139 of the N.I. Act that whenever a cheque is issued the court shall presume the same was issued in discharge of legally enforceable debt or liability, it is for the drawer of the cheque to establish in the trial of the offence punishable under section 138 of the N.I. Act to the contrary. Mere challenge in a title suit that there was no liability and therefore, cheque was not issued in discharge thereof, is of no help unless a competent court comes to such finding. Now going through the petition of complaint and the content thereof, I am unable to hold that on the face of those allegations no offence for which the petitioner is now being prosecuted is made out. This criminal revision has no merit and accordingly stands dismissed.

(3.) CRIMINAL Section is directed to deliver urgent xerox certified copy of this order to the parties, if applied for, as early as possible.