https://www.taxtmi.com/caselaws?id=785089 Criminal proceedings under Section 138 of the Negotiable Instruments Act could not be sustained where the complaint did not allege that the petitioner company drew or issued the cheque, and no substantive averments showed that the statutory ingredients of the offence were made out against it. The cheque was attributed to another accused, while the only link pleaded against the petitioner was affiliation with that company. In the absence of a prima facie case, continuation of prosecution was treated as an abuse of process, and the High Court exercised inherent jurisdiction to quash the proceedings against the petitioner. en-us Mon, 29 Dec 2025 00:00:00 +0530 Sat, 17 Jan 2026 08:45:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=785089 Criminal proceedings under Section 138 of the Negotiable Instruments Act could not be sustained where the complaint did not allege that the petitioner company drew or issued the cheque, and no substantive averments showed that the statutory ingredients of the offence were made out against it. The cheque was attributed to another accused, while the only link pleaded against the petitioner was affiliation with that company. In the absence of a prima facie case, continuation of prosecution was treated as an abuse of process, and the High Court exercised inherent jurisdiction to quash the proceedings against the petitioner. Case-Laws Indian Laws Mon, 29 Dec 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=785089