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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS .5085 - 5087 /2024 [@ SLP [CRL.] NOS.4800-4802/2024]
M/S NATIONAL COLLATERAL MANAGEMENT SERVICES LTD. Appellant(s)
VERSUS
V.S. KARTHICK Respondent(s)
O R D E R
Leave granted.
Despite notice having been served, none appears
on behalf of the respondent.
By the impugned judgment, the criminal
proceedings under Section 138 of the Negotiable
Instruments Act, 1881 against the respondent, who has
chosen not to appear before us, has been quashed
based upon certain materials produced by him, and
factual findings have been given by the High Court
that the cheque has been given as only a security by
the respondent.
Learned senior counsel appearing for the
appellant, places reliance on the communication dated
24.02.2018, said to have been written by the
respondent himself, wherein the respondent has
categorically admitted to the shortage in stock. It
is also submitted that the very basis upon which such
a finding has been given in a Section 482 CrPC
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petition by the High Court in the impugned judgment
cannot be sustained in the eye of law.
We find considerable force in the submission
made by the learned senior counsel appearing for the
appellant. The contentions on merit are clearly a
matter for trial. The proceedings under Negotiable
Instrum...