<?xml version="1.0" encoding="UTF-8"?>
<?xml-stylesheet type="text/xsl" href="https://www.taxtmi.com/rss_sitemap/rss_feed_blog.xsl?v=1750492856"?>
<rss version="2.0" xmlns:atom="http://www.w3.org/2005/Atom">
  <channel>
    <title>2022 (11) TMI 492 - DELHI HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=430068</link>
    <description>Dishonoured cheques issued towards part discharge of liability were treated as giving rise to a distinct cause of action for prosecution under Section 138 of the Negotiable Instruments Act, 1881. The existence of another complaint concerning related invoices did not, by itself, establish double jeopardy or sameness of offence, particularly where the earlier complaint acknowledged the pendency of the present case and a substantial outstanding liability remained. The High Court&#039;s inherent power under Section 482 of the Code of Criminal Procedure, 1973 was described as limited at the pre-trial stage, and factual defences were left open. The challenge to the second complaint and the summoning proceedings therefore failed.</description>
    <language>en-us</language>
    <pubDate>Thu, 10 Nov 2022 00:00:00 +0530</pubDate>
    <lastBuildDate>Fri, 11 Nov 2022 08:59:56 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=695499" rel="self" type="application/rss+xml"/>
    <item>
      <title>2022 (11) TMI 492 - DELHI HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=430068</link>
      <description>Dishonoured cheques issued towards part discharge of liability were treated as giving rise to a distinct cause of action for prosecution under Section 138 of the Negotiable Instruments Act, 1881. The existence of another complaint concerning related invoices did not, by itself, establish double jeopardy or sameness of offence, particularly where the earlier complaint acknowledged the pendency of the present case and a substantial outstanding liability remained. The High Court&#039;s inherent power under Section 482 of the Code of Criminal Procedure, 1973 was described as limited at the pre-trial stage, and factual defences were left open. The challenge to the second complaint and the summoning proceedings therefore failed.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Thu, 10 Nov 2022 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=430068</guid>
    </item>
  </channel>
</rss>