Supreme Court has set aside the quashing order passed by the High Court in respect of a cheque bounce case where the accused had relied upon the remark on cheque return memo for saying that case was not made out.
A bench of Justice Khanwilkar and Justice Maheshwari has passed the order in the case titled as Kishore Sharma vs Sachin Dubey on 03.09.2019.
Supreme Court noted "The present appeal arises from the judgment and order dated 15.11.2018 passed by the High Court of Madhya Pradesh, Indore Bench in M.Cr.C. No.17894 of 2018 whereby the High Court allowed the quashing petition filed by the respondent under Section 482 of Cr.P.C. on two counts. Firstly, that the legal notice has not been served on the respondent within the statutory period and secondly, on the basis of the remark noted on the cheque return memo".
The Supreme Court held "Both these facts would require the parties to produce evidence and are triable issues as expounded by this Court in in ‘Ajeet Seeds Limited vs. K. Gopala Krishnaiah’ reported in (2014) 12 SCC 685 and in ‘Laxmi Dyechem vs. State of Gujarat and Others’ reported in (2012) 13 SCC 375. As a result, even this appeal should succeed. The impugned judgment and order is accordingly set aside".
Read the Order here:
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