Summons Quashed: No Evidence of Petitioner's Criminal Liability in Cheque Dispute, High Court Invokes Section 482 CrPC.

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The petitioner was neither the signatory nor the proprietor of the firm that issued the cheques in question. Before summoning an individual to face criminal trial, the Magistrate must find prima facie legally admissible evidence attributing a role that constitutes a penal offense. In this case, the complainant did not provide evidence pointing to the petitioner's criminal liability regarding the cheque. As per the Supreme Court's ruling in Anil Hada v. Indian Acrylic Ltd., if the offense was committed by a company, it can be punished only if the company is prosecuted. If the payee opts to prosecute individuals, they can succeed only by showing the company committed the offense. Continuation of criminal proceedings would amount to an abuse o.........