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A. BADHARUDEEN
Asha Bawri – Appellant
Versus
State Of Kerala – Respondent
ORDER :
This Crl.M.C has been filed under Section 482 of the Code of Criminal Procedure for quashing Annexure-A3 complaint and consequential proceedings on the files of the Judicial First Class Magistrate Court (N.I Act Cases), Ernakulam. The respondents herein are State of Kerala and the defacto complainant.
2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor. Notice to the 2nd respondent stands dispensed with.
3. In this matter as per Annexure-A3 complaint, the 2nd respondent herein launched prosecution alleging commission of offence under Section 138 r/w 142 of the Negotiable Instruments Act (hereinafter referred to as the `N.I Act' for convenience) consequent on dishonour of cheque for Rs.5,10,186/-alleged to be issued by the petitioner herein for the value of the goods purchased by the petitioner/accused from the complainant and other charges. While canvassing quashment of the entire proceedings, it is submitted by the learned counsel for the petitioner that as per Annexure-A6 registered notice dated 10.10.2015, the petitioner informed the 2nd respondent that due to some changes in the management from 4.7.2015, all the previous liability would
Law is no more res integra on the point that a complaint can be quashed only when it falls under the category of cases as per the principles set out by the Apex Court
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
Vicarious liability under the N.I. Act requires the company to be a party; absence of the company invalidates proceedings against the individual.
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....
Accusations must establish a prima facie case; inconsistencies should be resolved during trial, not pre-trial.
The central legal point established in the judgment is the impact of insolvency proceedings and the moratorium provision contained in Section 14 IBC on proceedings under Section 138/141 of the Negoti....
Point of Law : When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint under Section 138 of the N.I. Act ought not to have been qua....
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