Chances of high court squashing a summons in a 138 falsecase

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

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. 

Filing quash at HC will be expansive and no result assured so better put your energy to contest the case at lower court where it is sure, simple and easy to win NI 138 case.

Any case of cheque bounce  (NI 138)  can be won by the accused if diligently perused from initial stage. It is  a myth that once a cheque is bounced conviction is imminent .

 The complainant has to pass many many and many legal hurdles to achieve this.

 1) Prove EXACT  legal liability equivalent or less than value of cheque that too on the day when the cheque was given .2) Prove notice and all its contents .3) frame proper pleadings in the complaint 4) produce all the evidence with the complaint 5) Prove cheque was actually given to the complainant BY THE ACCUSED .6) It may have been given post dated but not blank dated.

6) Prove its bounce against the complainant not against any body else. This is a big catch and ignored by many most of the time.

Accused  suffer only due to guilt complex and initial lethargy .Power of defense is power of negative which is  perpetual and immense.