Cheque Case Against Firm's Partner Can Be Quashed Only On Strong Evidence That He Didn't Have Any Concern With Issuing Cheque : Supreme Court
1 year, 6 months ago

Cheque Case Against Firm's Partner Can Be Quashed Only On Strong Evidence That He Didn't Have Any Concern With Issuing Cheque : Supreme Court

Live Law  

The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques.The High Court had quashed the summoning order against a partner of the firm taking into account the materials which indicated that on the dates when. The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques. Powers under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques. Riya Bawri vs Mark Alexander Davidson - 2023 LiveLaw 695 - 2023 INSC 757 Code of Criminal Procedure, 1973 ; Section 482 - Cheque complaint against partner of a firm - Powers under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques.

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History of this topic

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court
6 months, 3 weeks ago

HC Can't Quash Cheque Dishonour Complaint Invoking S.482 CrPC When Complainant Hasn't Consented For Compounding: Supreme Court

Live Law  

The Supreme Court reiterated that dishonour of cheque cases can be compounded under Section 147 of the Negotiable Instruments Act only with the consent of a complainant. In the present case, the High Court had compounded the offence, even though the appellants/ complainant had not consented, by invoking its inherent power under Section 482 Cr.P.C. Act, in the absence of …

Quash Cheque Bounce Case For Time-Barred Debt
1 year, 6 months ago

Quash Cheque Bounce Case For Time-Barred Debt

Live Law  

The Supreme Court observed that the question whether a cheque was issued towards a time barred debt is to be decided on evidence. "It is crystal clear that this Court keeping in perspective the nature of the proceedings arising under the NI Act and also keeping in view that the cheque itself is a promise to pay even if the …

Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court
2 years, 6 months ago

Cheque Case Against Director/Partner Of Firm Can Be Quashed Only If There Is Unimpeachable & Incontrovertible Evidence That They Were Not Concerned With Issuance Of Cheque: Supreme Court

Live Law  

The Supreme Court observed that a High Court can quash a cheque case only if it comes across some unimpeachable and incontrovertible evidence to indicate that the Director/partner of a firm could not have been concerned with the issuance of cheques. In this case, the High Court quashed a cheque case against the accused on the ground that there was …

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]
9 years, 11 months ago

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]

Live Law  

A two Judge Bench of the Supreme Court in HMT Watches Ltd. Vs. Abida it is held that a complaint filed U/S 138 of Negotiable Instrument Act for 'dis-honour of Cheque' cannot be quashed by High Court on the ground that 'Cheque was issued as Security', invoking the power U/S 482 of Criminal Procedure Code.While reversing a Judgment from High …

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]
9 years, 11 months ago

A Complaint for Dishonour of Cheque [S.138 NI Act] cannot be quashed on the ground that 'Cheque was issued as Security'; SC [Read the Judgment]

Live Law  

A two Judge Bench of the Supreme Court in HMT Watches Ltd. Vs. Abida it is held that a complaint filed U/S 138 of Negotiable Instrument Act for 'dis-honour of Cheque' cannot be quashed by High Court on the ground that 'Cheque was issued as Security', invoking the power U/S 482 of Criminal Procedure Code.While reversing a Judgment from High …

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