Cheque Case Against Firm’s Partner Can Be Quashed Only On
Cheque Case Against Firm’s Partner Can Be Quashed Only On Strong Evidence That He Didn’t Have Any Concern With Issuing Cheque : Supreme Court
|
The Supreme Court observed that a cheque case against a partner of the firm cannot be quashed under Section 482 CrPC unless there is unimpeachable and incontrovertible evidence that he/she did not have any concern with the issuance of cheques.
The High Court had quashed the summoning order against a partner of the firm taking into account the materials which indicated that on the dates when the cheques were issued for discharging the liability for payment of rent for the premises taken by the firm, he had already retired from the firm and a Retirement Deed in that regard was executed.
Disagreeing with this view, the Apex Court bench of Justices Hima Kohli and Rajesh Bindal observed that the Retirement Deed sought to be produced by the partner for quashing of the summoning order and the complaints could not be taken on its face value, and treated as clinching evidence to quash the complaints. It is not the case set up by him that in the Partnership Deed it is mentioned that he was a sleeping partner in the firm, the Court noted.
Code of Criminal Procedure, 1973 ; Section 482 – Cheque complaint against partner of a firm – Powers under Section 482 of the Code can be exercised by the High Court in case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques.
Post Categories
Featured Posts
Latest Posts
Latest Posts
UAPA| Terrorism Cases Not To Be Taken Lightly: Supreme Court Sets Aside Default Bail
In a case pertaining to grant of default bail to a person accused under the Unlawful Activities (Prevention) Act, 1967 (“UAPA”), the Supreme Court yesterday allowed an appeal filed by the Delhi police, observing that the High Court fell in ...
Government trying to draft laws in simple manner and in Indian languages: Pm Modi
Prime Minister Narendra Modi emphasized the importance of lawyers and the judiciary in shaping the country's legal system. Prime Minister Narendra Modi expressed his gratitude to the legal fraternity for their substantial contribution to the country's independence movement and its ...
'Hurried Trial' : Supreme Court Sets Aside Death Penalty Given In Child Rape-Murder Case Within 23 Days; Orders Fresh Trial
The Supreme Court on Thursday (October 19) set aside the conviction and death sentence of a man accused of kidnapping, raping, and murdering a three-month-old infant after noting that he had not been give a 'proper opportunity' to defend himself. ...
Elevate Your Legal Strategy with Expert Witness Preparation Support
Introduction: In the realm of legal proceedings, witness testimony can make or break a case. It's the narrative that often tips the scales of justice. Yet, preparing witnesses for the courtroom is a nuanced art—one that demands expertise, strategy, and ...
NEET-PG : Supreme Court Dismisses Plea Challenging Reduction Of NEET-PG 2023 Qualifying Percentile To Zero
The Supreme Court on Monday (September 25) dismissed a petition challenging the decision of the Union Government to reduce the cut-off for post-graduate medical college admissions through NEET-PG 2023 exam as zero percentile. A bench comprising dismissed a PIL filed ...
Children Born Out Of Irregular Marriage Legitimate Muslim Law – Supreme Court
The Rajya Sabha has passed the JThe Supreme Court has noted that children born out of irregular marriages, including one between a Muslim man and a Hindu woman, are legitimate and therefore eligible to inherit intestate property as per applicable ...
Speak With Our
Get a Appointment