SUNIL vs STATE CRLA 1446/21 03/12/21 [ A.S. BOPANNA JJ ] [ SUPREME COURT ]

• Section 19, 190, 202, 204, 262, 265, 482 CRPC NI ACT Section 138, 141 Challenge Appeal against conviction High Court dismissed the petitions instituted by the appellants to quash the criminal complaint instituted by the second respondent for offences punishable and challenge an order of summons Mundra on the complaint The complaint arises from the dishonor of a cheque in the amount The order of the High Court, the appellants are respectively  Steels & Energy Limited High Court has dismissed the petitions for quashing the complaint It allowed a petition for quashing filed by a nominee director was not in-charge of the day-to-day management of the company and by a woman non-executive Director high Court has noted in the impugned judgment that there is no dispute in regard to the liability of the company for electricity supplied during the months of August, September and October The High Court allowed a petition and set aside the order issuing process by construing the expression discharge of any debt or other liability holding that there must be a liability at the time of issuing the chequee In appeal writing for a two-Judge Bench allowed the appeal observing High Court should not have expressed its view on the disputed questions of fact in a petition to come to a conclusion that the offence is not made out The High Court has erred in law in going into the factual aspects of the matter which were not admitted between the parties High Court has muddled the entire issue High Courts had held that it was mandatory for the Magistrate to conduct an inquiry before issuing process in complaints filed while there were contrary views in the other High Courts The Magistrate having exercised his discretion it was not open to the High Court to substitute its discretion – The High Court has in a carefully considered judgment analyzed the submissions of the appellants and for justifiable reasons has come to the conclusion that they are lacking in substance Appeal dispose off.[Paras 2, 3, 10 to 18, 22, 37, 45 and 47 ] SUNIL vs STATE CRLA 1446/21 03/12/21 [ A.S. BOPANNA JJ ] [ SUPREME COURT ]