SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

ARUNACHALAM
Ruby Leather Exports – Appellant
Versus
K. Venu Rep. Vandana Chemicals etc. – Respondent


JUDGMENT

Arunachalam, J. - All these Criminal original Petitions are disposed of together by a common order, for a single question of law, of vital importance, has been raised. Subsidiary questions argued in one or other of the matters, will be dealt with individually, after answering the main contention.

2. It will be better to state the facts in each one of these Original Petitions, before framing the question to be answered and embarking upon a discussion, on the same.

3. Crl. O.P. No. 8731 of 1992: Petitioners are A-1 and A-2 in C.C. No. 9123/91 pending on the file of Fifth Metropolitan Magistrate, Egmore, Madras. They art' alleged to have committed an offence punishable under section 138 of the Negotiable Instruments Act, on the basis of a private complaint initiated by respondent Venu. While seeking quashing of the pending Prosecution Mr. T.K. Sampath, petitioners' counsel, contended that an authorised representative will not be competent to initiate a prosecution under section 142 of the Negotiable Instruments Act and on such complaint, the learned Magistrate could not have taken cognizance.

4. The next contention was that in the event of a part payment being made by the drawer





































































































































































































































































































































































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top