Just a moment...

Top
Help
AI Drafter

TaxTMI AI Drafter workflow from input facts to final legal draft Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Try Now
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

Petition challenging conviction under s.138 IPC dismissed; supervisory powers under Art.227 and s.482 CrPC not invoked

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....The HC dismissed the petition challenging conviction under s.138 IPC (dishonour of cheque), holding that the trial court's findings, based on P.W.1 and documentary proof, were supported by evidence and not vitiated by any legal infirmity, perversity or absence of evidence; allegations of payment against the cheque and non-issuance were unsupported. The HC refused to exercise supervisory jurisdiction under Art.227 or inherent jurisdiction under s.482 CrPC to re-appreciate evidence, reiterating that such powers permit interference only for jurisdictional error, patent illegality, or manifest miscarriage of justice. The court also held the complaint maintainable, the company's authority being substantiated by board resolutions, and accordingly dismissed the petition.....