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
Supreme Court Questions Effectiveness Of Delhi's 'Odd-Even' Scheme In Controlling Pollution
The Supreme Court on Tuesday (November 7) questioned the effectiveness of the Delhi Government's "odd-even" scheme in controlling air pollution, while terming it as “optics”. Under this scheme, vehicles with license plate numbers ending in an even digit are allowed ...
SC removes barrier, allows deaf lawyer Sarah Sunny to argue in sign language; interpreter’s speed amazes CJI, SG
The Supreme Court in India has started allowing sign language interpretation for hearing impaired lawyers, demonstrating that not everything needs to be spoken aloud in court. In a recent case, a deaf advocate was permitted to virtually argue with the ...
ED Summons: What to Do & What NOT to Do (Complete Legal Guide – 2026)
Receiving a summons from the Enforcement Directorate (ED) can be stressful and confusing for individuals, business owners, and company directors. However, understanding your legal rights and obligations can help you respond effectively and avoid serious consequences. This guide explains what ...
Dividend Income From Indian Entity's Establishment In Oman Having ‘Permanent Establishment’ Status Under DTAA Not Taxable In India: Supreme Court
The Supreme Court has held that if an Indian Entity’s Establishment is operating in Oman and has a ‘Permanent Establishment’ status under Double Taxation Avoidance Agreement (“DTAA”), then the dividend income received by the Indian Entity from such Establishment would ...
🏠 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐥𝐢𝐬𝐭 𝐁𝐞𝐟𝐨𝐫𝐞 𝐈𝐧𝐯𝐞𝐬𝐭𝐢𝐧𝐠 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚𝐧 𝐑𝐞𝐚𝐥 𝐄𝐬𝐭𝐚𝐭𝐞 (2025 𝐄𝐝𝐢𝐭𝐢𝐨𝐧)
𝐍𝐑𝐈 𝐨𝐫 𝐇𝐍𝐈? 𝐃𝐨𝐧’𝐭 𝐈𝐧𝐯𝐞𝐬𝐭 𝐖𝐢𝐭𝐡𝐨𝐮𝐭 𝐓𝐡𝐞𝐬𝐞 7 𝐋𝐞𝐠𝐚𝐥 𝐂𝐡𝐞𝐜𝐤𝐬! Real estate remains one of the most trusted investment avenues for 𝐍𝐑𝐈𝐬 𝐚𝐧𝐝 𝐇𝐍𝐈𝐬 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚. But with rising frauds, title disputes, and compliance issues—a beautiful property can become a ...
Rajya Sabha Passes J&K Reorganization Bill To Bifurcate Jammu And Kashmir Into Two Union Territories
The Rajya Sabha has passed the Jammu and Kashmir (Reorganization) Bill, 2019, which is set to bifurcate the state of Jammu and Kashmir into two Union territories – Jammu and Kashmir, which will have a legislature, and Ladakh, which will ...
Speak With Our
Get a Appointment