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july 2009

Supreme Court of India · 2009-07-10

Jugesh Sehgal vs Shamsher Singh Gogi

Citation / case number
AIR 2009 SC (SUPP) 2022
Court
Supreme Court of India
Petitioner
Jugesh Sehgal
Respondent
Shamsher Singh Gogi
Author
D.K. Jain
Bench
D.K. Jain, R.M. Lodha

Judgment text excerpt

The Supreme Court upheld the dismissal of a petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash a complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court found that the appellant's claim that he did not issue the cheque involved a disputed question of fact, which is not suitable for resolution at the quashing stage. The Court emphasized that such factual disputes must be resolved during the trial, thereby affirming the lower court's decision to proceed with the complaint.

Jugesh Sehgal vs Shamsher Singh Gogi · Niyam