Atamjit Singh vs State (NCT of Delhi) & Anr.

Court

Supreme Court of India

Date

22 January 2024

Case No.

Criminal Appeal no. 516 of 2024

Citation

[2024] 1 S.C.R. 1179 : 2024 INSC 84

Acts & Sections

Negotiable Instruments Act, 1881 CrPC

Issue for consideration

Whether the High Court was justified in quashing the order passed by the Metropolitan Magistrate summoning Respondent No. 2 in relation to commission of offence under Section 138 of the Negotiable Instruments Act, 1881, on the premise that as on the date of the issuance of the summoning order, the underlying debt and/or liability qua Respondent No. 2 was time barred.

Headnote

Negotiable Instruments Act, 1881 – s.138 – Code of Criminal Procedure, 1973 – s.482 – Scope of interference by the High Court in proceedings u/s.138 of the NI Act qua allegedly time barred debt at the stage of issuance of summons, whilst exercising its jurisdiction u/s.482 CrPC.

Held: 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 – Question regarding time barred nature of an underlying debt or liability in proceedings u/s.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 u/s.482 CrPC. [Para 7]

ORDER 1. Leave granted. 2. This is an appeal instituted at the instance of the original complainant of a complaint lodged under inter alia Section 138 of the Negotiable Instruments Act, 1881 (the “NI Act”) (the “Underlying Complaint”) assailing an order dated 06.09.2022 passed by the High Court of Delhi (the “High Court”) in CRL. M.C. No. 556 of 2019 whereunder the High Court quashed an order dated 03.08.2017 passed by the Metropolitan Magistrate -10, South-East, Saket Court (the “Trial Court”) summoning Mr. Amrit Sandhu Coaster/Respondent No. 2 in relation to the commission of an offence un

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