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.