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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