Negotiable Instruments Act, 1881
Section 138
CrPC
Section 482
Commission of an offence under Section 138 of the NI Act–– The High Court quashed the summoning order issued by the Trial Court–– The classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties. We agree with aforesaid opinion. Undoubtedly, the question regarding the time barred nature of an underlying debt or liability in proceedings under Section 138 of the NI Act is a mixed question of law and fact which ought not to be decided by the High Court exercising jurisdiction under Section 482 of the CrPC. The appeal is allowed, and the Impugned Order is set aside. The proceedings emanating from the Underlying Complaint i.e., CC No. 6437 of 2017 is restored to the file of the Trial Court. .....Atamjit Singh =VS= State (NCT of Delhi) & Anr. , (Criminal), 2024(1) [16 LM (SC) 1] ....View Full Judgment