VidhiSangh

Supreme Court of India · 22/01/2024

ATAMJIT SINGH versus STATE (NCT OF DELHI) & ANR.

[2024] 1 S.C.R. 1179 · 2024 INSC 84

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Summary

The High Court could not quash a Section 138 complaint at the summons stage by deciding that the cheque represented a time-barred debt. Whether the debt was legally enforceable was a mixed question of law and fact for determination on evidence.

Issues

  1. Whether the High Court could determine at the Section 482 stage that the cheque represented a time-barred debt and quash a Section 138 complaint.

Provisions considered

Held

Result

The appeal was allowed. The High Court’s order was set aside and the Section 138 complaint was restored to the Trial Court.

Judgment PDF: Supreme Court of India, [2024] 1 S.C.R. 1179.