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september 2023

Supreme Court of India · 2023-09-06

K. HYMAVATHI vs THE STATE OF ANDHRA PRADESH

Citation / case number
SC 2019/21475
Court
Supreme Court of India
Petitioner
K. HYMAVATHI
Respondent
THE STATE OF ANDHRA PRADESH
Author
HON'BLE MR. JUSTICE A.S. BOPANNA
Bench
HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE A.S. BOPANNA

Judgment text excerpt

The Supreme Court examined the validity of the High Court's decision to quash criminal proceedings under Sections 138 and 142 of the Negotiable Instruments Act against respondent no.2, who was accused of dishonoring a cheque. The High Court had allowed the petitions, leading to the quashing of the proceedings, which the appellant, as the complainant, challenged before the Supreme Court. The Court analyzed whether the High Court's order was justified and whether the proceedings should be reinstated. Ultimately, the Court considered the legal principles governing the quashing of criminal proceedings and the scope of appellate review in such cases.

K. HYMAVATHI vs THE STATE OF ANDHRA PRADESH · Niyam