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VENKATA JYOTHIRMAI PRATAPA
Ganta Kavitha Devi – Appellant
Versus
State of Andhra Pradesh – Respondent
Key Points: - (!) - (!) - (!) (!) - (!) - (!) - (!) - (!) - (!) - (!) - (!)
| Table of Content |
|---|
| 1. quashing of proceedings under cr.p.c. (Para 1 , 2) |
| 2. arguments on validity of cheque (Para 3 , 4) |
| 3. court's analysis of cheque validity (Para 5 , 6 , 7 , 8 , 9) |
| 4. applicability of section 138 n.i. act (Para 10 , 11 , 12) |
| 5. outcome of the application at quashment (Para 13 , 14) |
JUDGMENT / ORDER :
The instant petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by the petitioner/accused, seeking to quash the proceedings against her in CC No.911 of 2022 on the file of the Court of II Additional Metropolitan Magistrate, Vijayawada, for the offence punishable under Section 138 read with 142 of the Negotiable Instruments Act, 1881 (for short 'N.I. Act').
2. The facts which led to the filing of this petition, in brief, are as follows :
(b) On repeated demands of the complainant, the accused issued a Cheque Bearing No.032824, dated 20.09.2021 for Rs.42,00,000/- drawn on State
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.
A cheque must be valid at the time of presentation to attract liability under Section 138 of the N.I. Act; an invalid cheque, due to bank merger, does not incur such liability.
The legal presumption under Section 139 of the NI Act favors the complainant, and factual disputes must be resolved at trial, not pre-trial.
A cheque drawn on a bank that has ceased to exist loses its identity as a negotiable instrument, rendering any related criminal proceedings invalid.
Cheques drawn on a non-existent bank are legally invalid and cannot attract liability under Section 138 of the Negotiable Instruments Act.
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.
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