Before the Supreme Court, the respondent vehemently argued that there is no reason to continue the trial in the case as the appellant had not made out a case under Section 138 of the Negotiable Instruments Act, 1881 against the respondent.
Taking note the issues in the matter, the top court directed the trial court to consider the same in detail and not merely on the deposition of bank managers.
“The parties will have to go through a full-fledged trial. In any event, it was not a matter the proceedings could have been quashed (by the High Court),” the Court said.
The Court, therefore, set aside the Rajasthan High Court order which had quashed the Section 138 proceedings.
The Court also directed the trial court to restore and take up the matter in and conclude the same expeditiously and preferably within six months.
Source: Barandbench
