Insolvency petition based on admitted debt and default upheld; challenge for malicious initiation rejected, settlement may proceed under resolution fr...
Quashing of FIR and challenge to ECIR over alleged diversion of funds and preferential ESOP pricing dismissed after prima facie money-laundering findi...
High Court exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
High Court exercised inherent jurisdiction sparingly to refuse quashing of a complaint under the Negotiable Instruments Act, holding that appreciation of evidence is impermissible at the quashing stage and disputed facts requiring trial cannot be decided on a Section 482 petition; outcome: the summons and complaint stand. The court relied on the statutory presumption that admitted signatures on cheques indicate issuance to discharge a legally enforceable liability, treating security cheques as valid acknowledgements of liability that may be used to discharge debt; consequence: petition dismissed while preserving the accused's right to rebut the presumption at trial.
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