Legal Victory: Appellant's Criminal Cases Quashed Over Missing Averments.
19 December 2024
Criminal Appeals & Suspension of Sentence >> Criminal Law | Negotiable Instruments Act >> Criminal Law
The case of Ravi Dhingra vs State of Nct of Delhi & Another, revolves around a common judgment dated August 21, 2023, passed by the Delhi High Court, which dismissed Criminal Miscellaneous Cases filed by the appellant under Section 482 of the Code of Criminal Procedure (Cr.P.C.). These cases sought the quashing of summoning orders and further proceedings in five complaints filed under Section 138 of the Negotiable Instruments Act (NI Act) by M/s Pinnacle Capital Solution Pvt. Ltd. against the appellant, Ravi Dhingra, the authorized signatory of M/s Silverstar Fashions Private Limited.
The appellant argued that the complaints lacked necessary averments to maintain an offence under Section 138 of the NI Act. Specifically, the complaints failed to include a specific averment that the appellant was in charge of and responsible for the company's business. This requirement was emphasized by the Supreme Court in Ashok Shewakramani & Ors. vs. State of Andhra Pradesh & Anr. (2023).
After reviewing the complaints and the legal position, the court concluded that the complaints did not contain the mandatory averments required by the law, thus setting the stage for the quashing of the proceedings. As a result, the Supreme Court allowed the appeal, quashed the High Court's order, and set aside the five complaint cases and all related proceedings.
Section 138, Negotiable Instruments Act - 1881
Section 142, Negotiable Instruments Act - 1881
Negotiable Instruments Act, 1881
Section 482., Code of Criminal Procedure - 1973
Code of Criminal Procedure, 1973