Supreme Court of India

M/s Trl Krosaki Refractories Ltd v. M/s Sms Asia Private Limited & Anr.

Neutral citation

Reported as [2022] 2 S.C.R. 268

Bench N. V. Ramana, A. S. Bopanna and Hima Kohli JJ.

Decided 22 February 2022

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that the High Court was not justified in entertaining the petition filed under Section 482 of Cr.PC and quashing the order dated 05.11.2015, taking cognizance of the complaint filed by the appellant.

Judgment, page 19

From the headnote

Code of Criminal Procedure, 1973: s.482 – Dishonour of cheque – Respondent issued certain cheques in favou r of the appellant company which on presentation were dishonoured by the bank – On respondent’s failure to comply with the demand notice s, appellant filed the complaint before the Magistrate u/ss.138 and 142 of N.I. Act – Respondent filed petition u/s.482 before t he High Court for quashing of complaint, which was allowed – On appeal, held: s.142(1)(a) of N.I. Act states that the complaint ough t to be in writing and it should be filed by payee or the holder in due cours e – In the

Authorities it was built on

2001 M/s. M.M.T.C. Ltd. and Anr. v. M/s. Medchl Chemicals and Pharma (p) Ltd. and Anr. cited by 10
2004 Janki Vashdeo Bhojwani and Anr. v. Indusind Bank Ltd. and Ors. cited by 8
1983 Vishwa Mitter v. O. P. Poddar and Others cited by 4
2008 National Small Industries Corporation Ltd. v. State (nct of Delhi) & Ors. cited by 3
2013 A.C. Narayanan v. State of Maharashtra & Anr. cited by 2

Where later benches applied it

2025 M/s Naresh Potteries v. M/s Aarti Industries and Another referred to

Of those, 1 referred to

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