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ANIL KSHETARPAL
Anuj Khanna – Appellant
Versus
K. V. Footwear – Respondent
JUDGMENT
Anil Kshetarpal, J. - Through this petition, filed under Section 482 of the Code of Criminal Procedure, 1973, the petitioners seek the quashing of the complaint bearing No.807 of 2020, dated 12.11.2020, presently pending before the Judicial Magistrate Ist Class, Bahadurgarh, District Jhajjar, as well as the order dated 09.02.2021, whereby the petitioners have been summoned to face the trial for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881.
2. At the outset, it is important to note that the petitioners have not challenged the correctness of the order summoning them under the revisional jurisdiction of the Court. On a court question, the learned counsel admits that a revision petition is maintainable, however, he submits that he wishes to rely upon certain documents which cannot be relied upon in the revision petition. The learned counsel representing the petitioners was apprised of the limited jurisdiction, however, he insists for a decision on merits.
3. This Bench has heard the learned counsel for the petitioners at length and with his able assistance perused the paper book.
4. The learned counsel representing the petitioners has submitted
The Court highlighted the need for the trial court to examine the allegations and evidence before deciding on the quashing of a criminal complaint.
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....
The necessity of specific averments to fasten vicarious liability on a director under Section 141 of the N.I. Act, and the inability to quash the prosecution based on lack of specific averments in th....
Dishonour of cheque – Consequences of scuttling criminal process at a pre-trial stage can be grave and irreparable.
The lack of adjudication as insolvents does not permit quashing criminal proceedings under Section 138 of the Negotiable Instruments Act.
The High Court cannot resolve factual disputes in a quashing petition under Section 482 of the Code of Criminal Procedure, as such matters must be determined by the trial court.
Active participation in the affairs of a trust, including authorization of a trustee to interact with a bank for a loan, can make non-executive trustees liable under Section 141 of the Negotiable Ins....
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