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C. T. RAVIKUMAR, SANJAY KAROL
Ravi Dhingra – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
C.T. RAVIKUMAR, J.
Leave granted in all the captioned Special Leave Petitions.
1. The captioned quintuplet appeals by special leave arise from a common judgment dated 21.08.2023 respectively in Crl. M.C. Nos.5981 of 2022, 5982 of 2022, 5975 of 2022, 5980 of 2022 and 5965 of 2022, passed by the High Court of Delhi at New Delhi. As per the impugned common judgment, the High Court dismissed the aforesaid Criminal Miscellaneous Cases filed by the self-same appellant herein under Section 482 of the Code of Criminal Procedure, 1973 (for short the “Cr.P.C.”) seeking quashment of summoning orders in five complaint case Nos. viz., 49307 of 2016, 49308 of 2016, 49309 of 2016, 49310 of 2016, and 48700 of 2016 instituted under Sections 138 and 142 of the Negotiable Instruments Act, 1881 (for short the “NI Act”) and further proceedings arising from the said complaint cases as well as to set aside orders by which his applications for discharge, passed by the Metropolitan Magistrate, New Delhi District, Patiala House Courts, New Delhi in those complaint cases. All the aforesaid complaint cases were filed by the self-same complainant viz., M/s Pinnacle Capital Solution Pvt. Ltd. which is the
Dishonour of cheques – Offence by company – To maintain complaint and to frame charge under Section 138 of NI Act, there must be specific averment against person concerned that he in-charge of, and r....
The court held that at the summoning stage, only a prima facie case is to be considered, and the defence cannot be evaluated, emphasizing the need for evidence during trial.
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
Dishonour of cheque – Offence by company – There is non-compliance on part of second respondent with requirements of sub-section (1) of Section 141 of NI Act – Cheques have been signed by Managing Di....
(1) Dishonour of cheques – Under Section 138 of NI Act, a separate cause of action arises upon each dishonour of a cheque provided statutory sequence of presentation, dishonour, notice, and failure t....
Dishonour of cheque – Offence by Partnership Firm – Only that person who, at the time offence was committed, was in charge of and was responsible to company for conduct of business of company as well....
The trial court must follow the prescribed procedure for summary trial under the N.I. Act and cannot invoke Section 256 of the Cr.P.C. without proper reasons and compliance.
The exercise of inherent power under Section 482 of the Criminal Procedure Code is limited to ensuring justice and preventing abuse of process, not for resolving factual disputes, which should be lef....
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