Supreme Court of India
A.V. Murthy v. B.S. Nagabasavanna
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
2 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that the learned Sessions Judge and the learned Single Judge of the High Court were clearly in error in quashing the complaint proceedings.
Judgment, page 3
From the headnote
Negotiable Instruments Act, 1881: Section 138 and explanation thereto-Dishonour of cheque drawn in respect of debt or liability for amount advanced earlier-Proceedings under the Section-Magistrate issued summons to the accused-Accused filed revision petition alleging that complaint was not maintainable-Sessions Court and High Court held there was no legally enforceable debt or liability a11d thus quashed the proceedings-On appeal, held, debt or liability not barred from being enforced under law-At the stage of issue of summons, it is incorrect to hold that such debt or liability not legally
Where later benches applied it
- 2023 K. Hymavathi v. The State of Andhra Pradesh & Anr.
- 2021 Asset Reconstruction Company (india) Limited v. Bishal Jaiswal & Anr.
Of those, 2 relied on
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