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PRABAL KUMAR BISWAS   31 August 2022

Quashing petition in high court under sec 482 of crpc

I have been made an accused in a Fraudulent Cheque Bounce Case (Sec 138 NI Act) along with my Mother.

Although the fact is that the Cheque was issued and signed by my Mother only from her Single Holder Account.

Since I have not signed the Cheque and also not an Account Holder of the Cheque in Question, 

1) Can I file a Writ Petition under Sec 482 of CrPC in High Court? Will I get Relief?

2) What is the Process to File such Petition at Kolkata (Calcutta) High Court? Can I file such Petition on my own?



Learning

 2 Replies

Dr J C Vashista (Advocate)     31 August 2022

No need to approach Calcutta High Court as Trial Court shall not take cognizance of the offence (u/s 138 NI Act) if you have not signed.

However, if the Trial Court summoned you as well as your mother then move u/s 482 Cr PC to Calcutta High Court for quashing 

Advocate Bhartesh goyal (advocate)     31 August 2022

Yes, you need to file quash petition u/sec 482 of Cr.P.C before Calkatta  H.C in case you receive summon/warrant for appearance in cheque bouncing case else not.


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