Cheque Case Against Firm’s Partner Can Be Quashed Only On Strong Evidence That He Didn’t Have Any Concern With Issuing Cheque: Supreme Court

Case: Riya Bawri vs Mark Alexander Davidson

Coram: Justices Hima Kohli and Rajesh Bindal

Case No.: CRIMINAL APPEAL NO(S) 2510-2552 OF 2023

Court Observation: “It is well settled that the final judgment of the trial Court will depend on the evidence adduced before it. As there are specific allegations against respondent no.1 in the complaint and he was admittedly a partner in the partnership firm when the rent deed was executed, he is liable to face prosecution. Powers under Section 482 of the Code can be exercised by the High Court in the case when it comes across unimpeachable and incontrovertible evidence to indicate that the partner of the firm did not have any concern with the issuance of cheques. The case in hand is not of that kind”

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Keywords

Cheque Case Against Firm’s Partner