Cheque bounce case -- Complaint u/s 138 of N.I.Act against Proprietor -- Proprietorship Firm not made party – Complaint reveals that the sole proprietary concern has not been arrayed as an accused, but only its sole proprietor has been arrayed as an accused – Petition allowed complaint u/s of the N.I. Act as well as, the summoning order both are quashed and set aside.

(P&H HC) Reserved on: 09.08.2022 Pronounced on: 26.08.2022

Money laundering case – Lack of identity of the source of collected money -- Letter of the I.T. Department and the details, makes it clear that for the currency seized, the tax is already paid, therefore, it is not the quantum earned and used for money laundering – Chances to prove allegations in the Court are very bleak -- High Court by the impugned order has recorded the finding without due consideration of the letter of the I.T. Department and other material in right perspective -- Findings of the High Court cannot be sustained -- Appeal allowed, Complaint quashed.

(SC) Decided on: 05.05.2022

Cheque bounce case – Presumption of legal enforceability debt – Rebuttal of -- Once the issuance of cheque is admitted/established, the presumption would arise u/s 139 of the N.I. Act in favour of the holder of cheque -- Burden lies upon the accused to rebut the presumption by adducing evidence -- When disputed questions of facts are involved which need to be adjudicated after the parties adduce evidence, the complaint u/s 138 of the N.I. Act ought not to have been quashed by the High Court by taking recourse to Section 482 Cr.P.C.

(SC) Decided on: 10.02.2020