Supreme Court of India · 2015-03-31
S.KRISHNAMOORTHY vs CHELLAMMAL
- Citation / case number
- SC 2009/34838
- Court
- Supreme Court of India
- Petitioner
- S.KRISHNAMOORTHY
- Respondent
- CHELLAMMAL
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing criminal proceedings under Section 138 of the Negotiable Instruments Act, 1881, based on disputed factual defenses that should be resolved at trial. The Court emphasized that the High Court's role under Section 482 of the Code of Criminal Procedure, 1973 is not to assess the merits of the case but to ensure that no abuse of process occurs. Consequently, the Supreme Court set aside the High Court's order and reinstated the criminal complaint against the respondent.