Supreme Court · 2023 INSC 811 · Decided 6 September 2023

K. Hymavathi v. The State of Andhra Pradesh & ANR.

Court
Supreme Court of India
Citation
2023 INSC 811 · [2023] 14 S.C.R. 412
Case number
CRIMINAL APPEAL No. 2743/2023
Decided
6 September 2023
Bench
A.S. BOPANNA, PRASHANT KUMAR MISHRA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; Contract Act Section 25(3); NI Act Section 138, 142, 139; Limitation Act Section 34

Headnote

HEADNOTES Issue for consideration: High Court if justifi ed in quashing the criminal proceedings fi led by appellant against respondent No.2-accused u/ss.138 and 142 of the Negotiable Instruments Act, 1881 holding that it was a fi t case for quashing since the complaint fi led seeking prosecution recoverable debt. Negotiable Instruments Act, 1881 - Debt if legally enforceable - Exercise of power u/s. 482, CrPC - Scope: Held: Whether the debt in question is a legally enforceable debt or other liability would arise on the facts and circumstance of each case and in that

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