The High Court at Bengaluru, exercising inherent powers under Section 482 CrPC, quashed criminal proceedings in a cheque bounce case against the petitioner who had already resigned as a director before the cheque was issued.
The proceedings in C.C.No.14265/2015 of the XXV ACMM, Bangalore, against the petitioner are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF DECEMBER 2016
BEFORE
THE HON’BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.2839 OF 2016
BETWEEN:
Mr. Bobben Varghes, Kudluparapana Agrahara, Main Road, Kudlu, Vasthu Layout, Bengaluru – 560 034.
…PETITIONER
(By Shri Siji Malayil, Advocate) AND:
Tyco Safety Products (India) Private Limited, Office at: 1001, Wing ‘C’, 10th Floor, Godrej Coliseum Sion, Mumbai – 400 022. …RESPONDENT
(By Shri Keerthikumar D. Naik, Advocate) *****
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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings initiated against him pending before the XXV Additional Chief Metropolitan Magistrate, Bangalore in C.C.No.14265/2015 for the offences punishable under Section 138 of N.I.Act vide Annexure-A.
This Criminal Petition coming on for Admission this day, the court made the following:
O R D E R
Heard the learned counsel for the petitioner.
offence punishable under Section 138 of the Negotiable Instruments Act, 1881. He was previously a Director of the accused company but however, in the year 2012, he has resigned from the company and the same has been filed as a return with the Registrar of Companies, which is duly acknowledged. It is thereafter that the cheque in question has been issued and which has been dishonoured.
petitioner having resigned as early as on 15.02.2012 itself,
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would hardly be answerable for the same. Consequently, the petition is allowed. The proceedings insofar as the petitioner is concerned in C.C.No.14265/2015 on the file of the XXV
ACMM, Bangalore, is quashed.
Sd/-
JUDGE
KS
1 issue framed by the court
Whether proceedings under Section 138 of the Negotiable Instruments Act should be quashed against a petitioner who had resigned as a director before the issue of the cheque in question.
2 provisions across 2 enactments
Mr. Bobben Varghes
Tyco Safety Products (India) Private Limited
Anand Byrareddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
