RANJIT MONDAL @ RANJIT KUMAR MONDAL Vs. INDIRA PAL

JUDGEMENT

(1.) THIS an application for quashing of a proceeding under section 138 of the N.I. Act, now pending before the Metropolitan Magistrate, 4th Court, Calcutta. It is the contention of the learned advocate of the petitioner that the aforesaid proceeding ought to be quashed for the following reasons:

(2.) QUASHING of a criminal proceeding on the basis of the annexure is not at all permissible which is the law consistently and authoritatively held by the Apex Court.

(3.) THE suppression of fact and the allegations are false, are essentially the defence of the accused and disputed question of facts, consequently same also cannot be taken into consideration to decide the question of quashing. The only other ground that a suit for declaration that a sale deed in connection with the cheque in question was issued is pending is no ground on the face of the provisions of section 139 of the N.I. Act, without a definite finding of a competent court that such cheque was not issued in discharge of any legally enforceable debt or liability.