Supreme Court of India
Renuka v. The State of Maharashtra
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What the Court ordered
We are of the view that the learned Judge of the Sessions Court committed an error in setting aside the order dated 17th June 2022 passed by the learned Metropolitan Magistrate issuing process under Section 138 of the N.I. Act.
Judgment, page 11
From the headnote
Issue for Consideration Whether the Sessions Court as well as the High Court erred in holding that the complaint as filed by the appellant u/s.138 of the N.I. Act was liable to be dismissed at the pre-trial stage on the ground that the cheque issued by the second respondent was not towards any legally enforceable debt. Headnotes† Negotiable Instruments Act, 1881 – ss.138, 139 – Once the basic ingredients of s.138 are satisfied, the complaint cannot be dismissed at the pre-trial stage on the ground that the cheque issued was not towards a legally enforceable debt – Appellant’s case that in
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