<?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>2024 (9) TMI 1241 - GUJARAT HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=758997</link>
    <description>Criminal proceedings under Section 138 of the Negotiable Instruments Act against persons who were neither partners of the firm nor signatories to the cheque were found unsustainable. The complaint showed that the cheque was issued by the authorised signatory, while the petitioners lacked the basic legal attributes needed to fasten liability for the alleged offence. On that basis, the HC held that continuation of the prosecution would be an abuse of process and that the threshold for exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure was met. The proceedings against the petitioners were quashed.</description>
    <language>en-us</language>
    <pubDate>Tue, 17 Sep 2024 00:00:00 +0530</pubDate>
    <lastBuildDate>Mon, 23 Sep 2024 09:10:17 +0530</lastBuildDate>
    <generator>TaxTMI RSS Generator</generator>
    <atom:link href="https://www.taxtmi.com/rss_feed_blog?id=769840" rel="self" type="application/rss+xml"/>
    <item>
      <title>2024 (9) TMI 1241 - GUJARAT HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=758997</link>
      <description>Criminal proceedings under Section 138 of the Negotiable Instruments Act against persons who were neither partners of the firm nor signatories to the cheque were found unsustainable. The complaint showed that the cheque was issued by the authorised signatory, while the petitioners lacked the basic legal attributes needed to fasten liability for the alleged offence. On that basis, the HC held that continuation of the prosecution would be an abuse of process and that the threshold for exercise of inherent jurisdiction under Section 482 of the Code of Criminal Procedure was met. The proceedings against the petitioners were quashed.</description>
      <category>Case-Laws</category>
      <law>Indian Laws</law>
      <pubDate>Tue, 17 Sep 2024 00:00:00 +0530</pubDate>
      <guid isPermaLink="true">https://www.taxtmi.com/caselaws?id=758997</guid>
    </item>
  </channel>
</rss>