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november 2009

Supreme Court of India · 2009-11-20

M/S Sachmi Creation vs Pushpa Devi

Court
Supreme Court of India
Petitioner
M/S Sachmi Creation
Respondent
Pushpa Devi
Bench
Asok Kumar Ganguly, G.S. Singhvi

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaint under Section 138 of the Negotiable Instruments Act, 1881, by examining the merits of the case and making an adverse finding on maintainability. The Court reiterated that the High Court should not have delved into the merits while exercising powers under Section 482 of the Cr.P.C. The appeal was allowed, and the order of the High Court was set aside, directing the trial court to proceed with the complaint as per law.

M/S Sachmi Creation vs Pushpa Devi · Niyam