Back
DUPPALA VENKATA RAMANA
Chittaluri Dhanalakshmi – Appellant
Versus
State of A. P. – Respondent
JUDGMENT
1. This Criminal Petition is filed by the petitioner under Sec. 482 of the Code of Criminal Procedure (for short 'Cr.P.C') to quash the proceedings in C.C.382/2015 pending on the file of the learned Additional Judicial Magistrate of First Class, Turuvur.
2. Perusal of the record would reveal that the petitioner herein is the sole accused and the offence alleged against the petitioner is under Sec. 138 of the Negotiable Instruments Act (for short 'the N.I. Act').
3. As per the complaint, the allegations against the petitioner, are as follows: The 2nd respondent herein filed C.C.382/2015 on the file of Additional Judicial Magistrate of First Class, Tiruvur alleging that the petitioner borrowed an amount of Rs.4, 00, 000.00 on 5/3/2014 from the 2nd respondent and issued a cheque bearing No.000004, dt.18/4/2015 towards part satisfaction of the debt. The 2nd respondent had presented the cheque for encashment. The said cheque was sent for clearance which was returned vide memo dt.22/4/2015 without making any payment, for the reason that the cheque was stopped on the ground of lost/theft, through online/net banking. After getting information regarding the dishonour of the said chequ
Defenses to a charge under Section 138 of the Negotiable Instruments Act, such as duress and lack of consideration, are triable issues that cannot be adjudicated in a petition under Section 482 of th....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The court reiterated that issues around cheque liability under Section 138 NI Act must be decided at trial, underscoring the necessity for allegations in complaints to be accepted as true at the quas....
The court has the power to quash proceedings if they conclude that allowing the proceeding to continue would be an abuse of process of the Court.
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....
Vicarious liability applies to partners in a firm under Section 141 of the Negotiable Instruments Act, making them accountable for cheques issued by the firm, irrespective of individual management in....
The court held that a cheque issued as security does not invalidate a complaint under Section 138 of the Negotiable Instruments Act, and factual disputes must be settled at trial.
The court emphasized that the exercise of powers under Section 482 Cr.P.C. to quash criminal proceedings is an exception and should be sparingly and cautiously exercised, and that the court cannot ad....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
