Supreme Court of India
Rekha Sharad Ushir v. Saptashrungi Mahila Nagari Sahkari Patsansta Ltd.
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What the Court ordered
Hence, the High Court ought to have interfered and quashed the complaint. Accordingly, the impugned order of the High Court is set aside. The complaint bearing S.C. No. 648 of 2016 pending in the court of the learned Judicial Magistrate First Class at Kalwan and the order of cognizance dated 2 nd March 2017 are hereby quashed and set aside.
Judgment, 22
From the headnote
Issue for Consideration Whether the complaint filed by the respondent-Credit Co-operative Society under Section 138 of the Negotiable Instruments Act, 1881 for dishonour of a cheque allegedly issued by the appellant in favour of the respondent, ought to be quashed. Headnotes† Abuse of process of law – Suppression of material facts and documents – When – Negotiable Instruments Act, 1881 – s.138 – Code of Criminal Procedure, 1973 – s.200 – Security cheque issued in lieu of the loan allegedly taken by the appellant from the respondent-Credit Co-operative Society, dishonoured – Notice u/s.138 issued by the respondent – Appellant wrote letters seeking loan documents to enable her to reply statutory notice, which was not supplied to her – Respondent filed complaint, process u/s.138 issued – Challenged, High Court dismissed the petition – Interference with…
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