Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
SRI JUSTICE HARINATH.N, J
Thummuru Sita Ramireddy, S/o. Seshi Reddy – Appellant
Versus
Kondamadugula Siva Parvathi, W/o. Ravindra Reddy – Respondent
ORDER :
1. The Criminal Petition No.7756 of 2024 is filed to quash CC.No.73 of 2024 on the file of I Additional Chief Metropolitan Court at Vijayawada. The Criminal Petition No.7758 of 2024 is filed for quashing CC.No.353 of 2024 on the file of IV Additional Chief Metropolitan Magistrate at Vijayawada. The accused is common in both the cases.
2. The learned counsel appearing for the petitioner submits that the quash petitions are filed seeking quash of the Calendar Cases which were registered under Section 138 & 142 of Negotiable Instruments Act.
3. As per the complaint filed against the petitioner, the petitioner is said to have issued the cheques drawn on Vijaya Bank, Kunchanapalli Branch. Those cheques were presented for clearance on 08.08.2022 with the complainant’s banker.
4. The said cheques were returned dishonoured with an endorsement referred to drawer, old bank cheque MICR not present, excluded in system. The complainant thereafter got issued a statutory legal notice and filed complaints.
5. The learned counsel appearing for the petitioner submits that the 1st respondent was in possession of old cheques of the erstwhile Vijaya Bank and the same were presented after the amalgam
A cheque drawn on a bank that has ceased to exist loses its identity as a negotiable instrument, rendering any related criminal proceedings invalid.
An invalid cheque, due to bank merger, does not attract liability under Section 138 of the Negotiable Instruments Act; courts can quash proceedings lacking legal enforceability.
Cheques drawn on a non-existent bank are invalid, and dishonour of such cheques does not result in liability under Section 138 of the Negotiable Instruments Act.
Cheques drawn on a defunct bank do not attract liability under Section 138 of the Negotiable Instruments Act.
Cheques drawn on a non-existent bank are legally invalid and cannot attract liability under Section 138 of the Negotiable Instruments Act.
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
