https://www.taxtmi.com/caselaws?id=426226 Section 138 of the Negotiable Instruments Act applies only when the accused is shown to be the drawer of the cheque and the cheque was issued in discharge of a legally enforceable debt or liability. The complaint against the petitioner company did not allege that it issued the cheques, stood as drawer, or owed any debt to the complainant. On those foundational omissions, continuation of the prosecution would amount to abuse of process, and the complaint and summoning order were liable to be quashed. Prior withdrawal of a revision did not bar exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure where no offence against the petitioner was disclosed. en-us Fri, 29 Jul 2022 00:00:00 +0530 Tue, 09 Aug 2022 20:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=426226 Section 138 of the Negotiable Instruments Act applies only when the accused is shown to be the drawer of the cheque and the cheque was issued in discharge of a legally enforceable debt or liability. The complaint against the petitioner company did not allege that it issued the cheques, stood as drawer, or owed any debt to the complainant. On those foundational omissions, continuation of the prosecution would amount to abuse of process, and the complaint and summoning order were liable to be quashed. Prior withdrawal of a revision did not bar exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure where no offence against the petitioner was disclosed. Case-Laws Indian Laws Fri, 29 Jul 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=426226