Supreme Court · 2009 INSC 900 · Decided 10 July 2009
Jugesh Sehgal v. Shamsher Singh Gogi
- Court
- Supreme Court of India
- Citation
- 2009 INSC 900 · [2009] 10 S.C.R. 857
- Case number
- CRIMINAL APPEAL No. 1180/2009
- Decided
- 10 July 2009
- Bench
- D.K. JAIN, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420, 467, 468, 471; CrPC Section 482; NI Act Section 138
Headnote
Negotiable Instruments Act, 1881: A B s. 138 - Ingredients of - Explained - HELD : In the c instant case, the cheque in question was not drawn by accused on an account maintained by him - The very first ingredient of s. 138 having not been satisfied, case u/s 138 not made out against the accused - CrPC by High Court to quash 0 the criminal compliant - In the circumstances, continuance of proceedings in complaint uls 138 of the Act against the accused would be an abuse of process of court - Criminal complaint against accused quashed - Code of Criminal Procedure, 1973 - s.482. E The
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