Supreme Court of India
K. Hymavathi v. The State of Andhra Pradesh & Anr.
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What the Court ordered
We are of the opinion that the decision in S. Natarajan and A.V . Murthy (supra) has taken into consideration all aspects.
Judgment, page 9
From the headnote
Issue for consideration: High Court if justifi ed in quashing the criminal proceedings fi led by appellant against respondent No.2-accused u/ss.138 and 142 of the Negotiable Instruments Act, 1881 holding that it was a fi t case for quashing since the complaint fi led seeking prosecution was not in respect of a legally recoverable debt. Negotiable Instruments Act, 1881 – Debt if legally enforceable – Exercise of power u/s. 482, CrPC – Scope: Held: Whether the debt in question is a legally enforceable debt or other liability would arise on the facts and circumstance of each case and in that light,
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