Supreme Court · 2022 INSC 480 · Decided 26 April 2022

Rathish Babu Unnikrishnan v. The State (GOVT. of NCT of Delhi) & ANR.

Court
Supreme Court of India
Citation
2022 INSC 480 · [2022] 4 S.C.R. 989
Case number
CRIMINAL APPEAL No. 694/2022
Decided
26 April 2022
Bench
K.M. JOSEPH, HRISHIKESH ROY (2-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
CrPC Section 482; NI Act Section 138; Companies Act Section 56(1)

Headnote

Code of Criminal Procedure, 1973: s.482 - Scope of - Summoning order passed against appellant u/s.138 of NI Act - Petition u/s.438 for quashing summoning order - High Court opined that the grounds agitated by the appellant are "factual defences" which within the parameters of limited enquiry permissible in petition u/s.482 - According to the appellant, the concerned post-dated cheques drawn by him in favour of the complainant were contingent/security cheques for buyback of shares of appellant's company held by the

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