Supreme Court · 2023 INSC 890 · Decided 10 October 2023
Siby Thomas v. M/S. Somany Ceramics LTD
- Court
- Supreme Court of India
- Citation
- 2023 INSC 890 · [2023] 13 S.C.R. 821
- Case number
- CRIMINAL APPEAL No. 3139/2023
- Decided
- 10 October 2023
- Bench
- C.T. RAVIKUMAR, SANJAY KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 141, 138, 141(1)
Headnote
HEADNOTES Issue for consideration: In the impugned order, the High Court declined to quash the complaint u/s.138 r/w. s.141 of the Negotiable Instruments Act, 1881 qua the appellant-accused no.4 in exercise of the power u/s. 482 of the Cr.P.C. Negotiable Instruments Act, 1881 - s. 138 Respondent fi led complaint u/s. 138 r/w. s.141 of the NI Act - Appellant set up twin grounds to seek quashment of the complaint against him; fi rstly, that he had resigned from the partnership fi rm on 28.05.2013 whereas the cheque in question was issued on 21.08.2015 and secondly, that
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