SC held that successive petitions under Section 482 Cr.PC are ...

Subsequent Section 482 Petitions Allowed When Law Changes; 'May' vs 'Shall' Interpretation Clarified in Cheque Cases

February 6, 2025

Case Laws Indian Laws SC

SC held that successive petitions under Section 482 Cr.PC are maintainable when there is a change in circumstances, particularly changes in law. The Court overturned HC's dismissal of a subsequent petition related to cheque dishonor, finding it unjustified to reject solely because the earlier petition was withdrawn without leave to file afresh. The Court clarified that Section 148 of N.I. Act preserves appellate courts' discretion regarding deposit conditions, emphasizing that 'may' and 'shall' in the statute must be interpreted literally. The matter was remanded to Sessions Court for re-examination of the deposit issue, with both the HC and Sessions Court's previous orders being set aside.

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SC held that successive petitions under Section 482 Cr.PC are ...

Subsequent Section 482 Petitions Allowed When Law Changes; 'May' vs 'Shall' Interpretation Clarified in Cheque Cases

February 6, 2025

Case Laws Indian Laws SC

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