S.Krishnamoorthy vs Chellammal on 31 March, 2015
In the opinion of this Court, in the light of the law laid down by the Hon'ble Supreme Court in S.Krishnamurthy Vs Chellammal reported in [2015] 4 SCALE 371, disputed question of facts cannot be gone into in quash proceedings. The fact remains that the accused did not reply to the statutory notice that was issued by the complainant. During trial, the complainant should establish the ingredients of offence under Section 138 of Negotiable Instruments Act, 1881. Hence, this petition is devoid of merits and is dismissed with liberty to the petitioner to raise all the points before the trial Court during trial. Consequently, connected Miscellaneous Petitions are closed.