9911796707
TMI Blog2024 (11) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... n 138 of Negotiable Instruments Act. 2. This Criminal Original Petition is filed to quash the proceedings on the ground that the petitioner and her husband has filed Insolvency Petition in I.P.No.51 of 2014 and by an order of adjudication they were declared insolvent on 25.07.2014. The cheque which is the subject matter of the complaint is dated 30.07.2014 i.e., much after adjudicating her as ins ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... judgment rendered by this Court and the Hon'ble Supreme Court in the following judgments i). Bharath N.Mehtha and another Vs. Mansi Finance (Chennai) Ltd., B.Venkatesan -vs- T.Saravana and ii) Ajaykumar Radheyshyam -vs- Tourism Finance Corporation of India Ltd. 4. The Hon'ble Supreme Court in the judgments cited above, had discussed the issue in detail and had protected only the corporat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wordings "any suit or other legal proceedings" would mean the suit or other legal proceedings relating to the property of the insolvent and not with reference to the personal act committed by the accused constituting the offence liable to be proceeded in Criminal Court." 6. In the above said judgment the proceedings under Section 138 of N.I.Act and the suit or other legal proceedings been compa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e factum of impossibility to pay in the light of the insolvency before the trial Court. 8. In view of the declaration of the law as stated above, this Court is not inclined to record any opinion on the facts and leave it open for the petitioner/accused to canvas those points before the trial Court. 9. With this observation, this Criminal Original Petition is disposed of. Consequently, the connec ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
