M/S.I.K.Distilleries Pvt. Ltd. And 5 Others v. M/S.Paras Collins Distilleries Pvt. Ltd. And ANR

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRl.P.No.8727 of 2013 ORDER:

Heard counsel for the petitioners and learned Public Prosecutor representing the State and perused the grounds urged in the petition vis-à-vis complaint.

There is no dispute of the cheque rooted from the account with the signature. The only contention is premature to invoke the enforceability of the cheque by its presentation is in view of the contractual obligation covered by the agreement, after transfer of enhanced license only, cheque to be presented. It is the matter to be adjudicated with reference to the said agreement before the trial Court and there are no grounds for this Court to go into the disputed aspects.

Having regard to the above, Criminal Petition is disposed of giving liberty to raise the said defense before the trial Court. No order as to costs.

Miscellaneous petitions pending, if any, shall stand closed. _______________________________ Dr. B. SIVA SANKARA RAO, J Dt. 29.01.2019 dv

HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO CRl.R.C. No.2327 of 2018 Date: 22.01.2019 dv