Whether debt is time-barred is based on evidence, cannot be decided in a S.482 Cr.P.C. petition: SC

The Supreme Court, while dealing with an appeal filed by the complainant against the order of the Delhi High Court (DHC) in which the DHC has quashed the summoning order of the trial court in a Section 138 of the Negotiable Instruments Act, 1881 offence on the ground of it being a time-barred debt, has held that, “classification of the underlying debt or liability as being barred by limitation is a question that must be decided based on the evidence adduced by the parties”, which is a mixed question of fact & law & cannot be decided by High Courts in a petition under Section 482 of the Code of Criminal Procedure, 1973.