Supreme Court of India
Jugesh Sehgal v. Shamsher Singh Gogi
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.
4 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the opinion that it was a fit case where the High Court, in F exercise of its jurisdiction under Section 482 of the Code, should have quashed the complaint under Section 138 of the Act.
Judgment, page 12
From the headnote
Negotiable Instruments Act, 1881: s. 138 - Ingredients of - Explained - HELD : In the c instant case, the cheque in question was not drawn by accused on an account maintained by him - The very first ingredient of s. 138 having not been satisfied, case u/s 138 not made out against the accused - It was a fit case for exercise of jurisdiction u/s 482 CrPC by High Court to quash 0 the criminal compliant - In the circumstances, continuance of proceedings in complaint uls 138 of the Act against the accused would be an abuse of process of court - Criminal complaint against accused quashed - Code of
Where later benches applied it
- 2025 Vishnoo Mittal v. M/s Shakti Trading Company
- 2024 Bijoy Kumar Moni v. Paresh Manna & Anr.
- 2013 Mrs. Aparna A. Shah v. M/s. Sheth Developers Pvt. Ltd. & Anr.
- 2021 Jitul Jentilal Kotecha v. State of Gujarat and Ors. Etc
Of those, 3 relied on · 1 referred to
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