Petitioner challenged cognizance order under Section 138 N.I. Act claiming no debt liability. Court held presumption favors complainant, making quash prayer devoid of merit and dismissed application.
The matter was dismissed; prayer to quash the impugned order of cognizance was denied.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.2162 of 2021
Minaketan Mohanty …. Petitioner
-versus-
Swapnarani Baliarsingh
…. Opposite Party
CORAM: JUSTICE S.PUJAHARI
Order No.
ORDER 07.07.2022 1.This matter is taken up through Hybrid mode. 2.Heard learned counsel for the Petitioner.
3.This application under Section 482 of Cr.P.C. has been filed by the Petitioner with a prayer to quash the order dated 27.03.2018 passed by the learned S.D.J.M., Khordha in ICC Case No.62 of 2018 wherein the learned S.D.J.M has taken cognizance under Section 138 of the N.I Act against him.
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PKS
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1 issue framed by the court
Whether the Court can quash the order of cognizance under Section 138 of the N.I Act in absence of legally enforceable debt or liability.
2 provisions across 2 enactments
Minaketan Mohanty
Swapnarani Baliarsingh
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
