Supreme Court · 2008 INSC 1398 · Decided 4 December 2008
Mahindra and Mahindra Financial Services LTD. and ANR. v. Rajiv Dubey
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1398 · [2008] 16 S.C.R. 1186
- Case number
- CRIMINAL APPEAL No. 1966/2008
- Decided
- 4 December 2008
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 406, 420, 294, 506, 34; CrPC Section 482; NI Act Section 138, 13B
Headnote
I \ c Code of Cfiminal Procedure, 1973 - s. 482 - Cheques towards instalment issued to accused company against hire- purchase finance - Cheques on presentation dishonoured - Accused initiating proceedings u/s 138 of Negotiable Instruments Act - Complaint by guarantor D presentation of chequf1 amounted to breach of trust as they were presented despite the FJntire money having been paid through demand draft as agreed between the parties - Initiation of proceedings uls 406 and 420 /PC - Quashing of the proceedings - Sought - RejeGted by High Court - On E
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