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Supreme Court of India

Rathish Babu Unnikrishnan v. The State (govt. of Nct of Delhi) & Anr.

Neutral citation
Reported as [2022] 4 S.C.R. 989
Bench K. M. Joseph and Hrishikesh Roy JJ.
Decided 26 April 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.

2 Supreme Court benches have cited this judgment.

What the Court ordered

Before parting that the observation made in this judgment is only for the limited purpose of this order and those should not stand in the way of the trial Court to decide the case on merit.

Judgment, page 13

From the 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 “factu al defences” which should not be considered within the parameter s of limited enquiry permissible in petition u/s.482 – According to the appellant, the concerned post-dated cheques drawn by him in fav our of the complainant were contingent/security cheques for buyback of s hares of appellant’s company held by the complainant, and ther efore the cheques could not

Authorities it was built on

Where later benches applied it

Of those, 1 relied on · 1 referred to

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