What are the chances and is it advisable to approach the High Court directly for quashing of summons received in a 138 cheque bounce case.

a) Does section 482 help?

b) The complainant has not presented even an iota of evidence for loan advanced, when filing a case. He wants the court to take his word for granted that he gave a cash loan in lakhs, and hang the accused.

c) The complainant has had filled out the cheques (payee name, amount, date) by a third party/himself.  The cheques themselves, although bearing signatures of the accused, belong to  a bank account which was dormant/closed for many years and the signatures are more than a decade old.  The false case is recent.

Is it advisable to approach the high court directly to quash the summons, on the grounds that no eveidence of loan has been presented at the time of filing and the bank account has been dormant for many years.

Dear Sam,

Section 482 defined the inherent powers of the high court over trail courts.But you cannot take it for granted that the high court will interfere in every case,as it depends only on the merits.If you feel that there are flaws and loopholes in the complaint or the case,you have to envisage your defence by highlighing them in your quash petition.Your lawyer should be wise and competent enough to impress upon the high court,the reasons for the quash of the entire proceedings of the complaint.He has to prove that it has been fabricated only to harrass the accused.But chances are 50-50.

But still as per your query,nothing wrong  in filing quash petition,the complainant  has not clearly highlighted his case properly.

Contest in the local court instead of quash.

It is easy to win sure and simple.

I agree with Ld.friend JSDN

Evidence is not seen by the HC in quash. Better contest the case on the merits in the local court. You will be declared not guilty.It is just a matter of time.

Regards,

Ashish Davessar

Advocate

Delhi, Chandigarh

as advised above, it would be preferable to knock the doors of the local court as the chances of fructification of your petition are better as compared to high court.

As stated High Court does not appreciate the general evidence which is a subject matter of trial courts. But High Court certainly can take judicial note of incontrovertible evidence or if it is the question of law.

The point is what is complainant writing about the recipt and delivery (to him) about the cheque, this can throw some light on your pursuing with high cuourt.

As stated High Court does not appreciate the general evidence which is a subject matter of trial courts. But High Court certainly can take judicial note of incontrovertible evidence or if it is the question of law.

The point is what is complainant writing about the recipt and delivery (to him) about the cheque, this can throw some light on your pursuing with high cuourt.

Section 482 is the inherent powers of the high court over trail courts. But it all depends on u'r defence..u may go for the quash petition, on merit..

Quash cannot be on merit. Only incontrovertible evidence, especial evidence which courts are required to take the judicial note will do.

Or certain matters of applicability.