ATAMJIT SINGH vs STATE (NCT OF DELHI)

The Supreme Court held that the High Court erred in quashing the summoning order and the underlying complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court emphasized that the question of whether a debt is time-barred is a mixed question of law and fact that should not be adjudicated at the stage of issuance of summons under Section 482 of the Code of Criminal Procedure, 1973. Consequently, the appeal was allowed, restoring the proceedings to the Trial Court.