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

2012 Supreme(Del) 3081

MANMOHAN
Susamma Jacob – Appellant
Versus
Pyroguard Engineers P. Ltd. – Respondent


Advocates:
For the Petitioner: Mr. Wills Mathews, Ad#31;vocate.
For the State : Mr. Manoj Ohri, APP

JUDGMENT :

Manmohan, J.— (ORAL) :

CRL.M.A. 18016/2012

Allowed, subject to just exceptions.

CRL.M.C. 3682/2012 & CRL.M.A. 18015/2012

1. Present petition has been filed under Section 482 Cr.P.C. seeking quashing of Criminal Complaint bearing No. 518/2012 under Section 138 read with Sections 141/142 of Negotiable Instruments Act, 1881 (for short ‘NI Act’) pending before Metropolitan Magistrate, Karkardooma Courts, Delhi.

2. Mr. Wills Mathews, learned counsel for the petitioner submits that the petitioner herein is a house-wife and Director of respondent no. 2- company. He states that as the petitioner has not signed the cheques in question and was a mere house-wife, she could not be arrayed as an accused.

3. Mr. Mathews further submits that the cheques in question were security cheques. He points out that the cheques in question bore on endorsement at their back side stating that ‘commissioning of fire alarm system at Malegaon library in Goa’. In this connection, Mr. Mathew places reliance upon paras 6 and 7 of the criminal complaint which are reproduced hereinbelow:-

“6. That the accused No. 2 & 3 was predetermined that after receiving the items/goods of valuable amount, they would not make








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