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        Indian Laws

        The HC dismissed the petition challenging conviction under s.138...

        Petition challenging conviction under s.138 IPC dismissed; supervisory powers under Art.227 and s.482 CrPC not invoked

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                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.
                                The HC dismissed the petition challenging conviction under s.138 IPC (dishonour of cheque), holding that the trial court's findings, based on P.W.1 and documentary proof, were supported by evidence and not vitiated by any legal infirmity, perversity or absence of evidence; allegations of payment against the cheque and non-issuance were unsupported. The HC refused to exercise supervisory jurisdiction under Art.227 or inherent jurisdiction under s.482 CrPC to re-appreciate evidence, reiterating that such powers permit interference only for jurisdictional error, patent illegality, or manifest miscarriage of justice. The court also held the complaint maintainable, the company's authority being substantiated by board resolutions, and accordingly dismissed the petition.
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