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july 2019

Supreme Court of India · 2019-07-30

Anil Khadkiwala vs The State Govt. Of Nct Of Delhi

Citation / case number
AIR 2019 SUPREME COURT 3583
Court
Supreme Court of India
Petitioner
Anil Khadkiwala
Respondent
The State Govt. Of Nct Of Delhi
Author
Navin Sinha
Bench
Navin Sinha, Ashok Bhushan

Judgment text excerpt

The Supreme Court held that a second application under Section 482, Cr.P.C. is maintainable when new evidence, such as Form 32 from the Registrar of Companies, is presented that was not considered in the earlier application. The Court found that the appellant's resignation as Director prior to the issuance of the dishonoured cheques was not adequately addressed in the previous proceedings, thus warranting a fresh examination of the case. The appeal was allowed, overturning the High Court's dismissal of the quashing application.

Anil Khadkiwala vs The State Govt. Of Nct Of Delhi · Niyam