MACT | A Minor Cannot Be Treated as a Non-Earner: Punjab & Haryana High Court Consensual Love Affair Not Cheating Under IPC Section 417: Madras High Court Acquits Man Despite Paternity Confirmation Review Jurisdiction is an Ant-Hole in a Pigeon-Hol: Madras High Court Dismisses Review Plea Against Order Upholding Arbitral Award on Liquidated Damages Bank Can Freeze Guarantor’s Salary Account to Recover Loan Dues: Kerala High Court Clarifies CPC Exemption Does Not Apply to Banker’s Right Revenue Entry Calling Property ‘Ancestral’ Does Not Create Title: Gujarat High Court Upholds Registered Will in Second Appeal Licensee Cannot Resist Resumption Of Railway Land: Gauhati High Court Upholds Eviction For Amrit Bharat Station Scheme Mere Non-Payment of Business Dues Is Not Cheating: Calcutta High Court Protects Traders from Criminal Prosecution in Purely Civil Dispute Prosecution’s Failure to Prove Age of Prosecutrix Beyond Reasonable Doubt Fatal to POCSO Conviction: Rajasthan High Court No Title, No Right, No Equity: Bombay High Court Demolishes Claim Over Footpath Stall, Imposes ₹5 Lakh Costs for Abuse of Process Section 155(2) Cr.P.C. Does Not Bar Complainant From Seeking Magistrate’s Permission: Allahabad High Court Clarifies Law on Non-Cognizable Investigations Un-Retracted Section 108 Statement Is Binding: Delhi High Court Declines to Reopen ₹3.5 Crore Cigarette Smuggling Valuation Section 34 Is Not an Appeal in Disguise: Delhi High Court Upholds 484-Day Extension in IRCON–Afcons Tunnel Arbitration Section 432(2) Cannot Be Rendered Fatuous: Calcutta High Court Reasserts Balance Between Judicial Opinion and Executive Discretion in Remission Matters Termination of Mandate Is Not Termination of Arbitration: Bombay High Court Revives Reference and Appoints Substitute Arbitrator CBI Can’t Prosecute When Bank Suffers No Loss: Andhra Pradesh High Court Discharges Bhimavaram Hospitals Directors in ₹1.5 Crore SBI Case Section 256 CrPC Cannot Be A Shield For An Accused Who Never Faced Trial: Allahabad High Court Restores 8 Cheque Bounce Complaints

Sect. 138 N.I. Act: Procedure Should Never Be Made a Tool to Deny Justice: Andhra Pradesh High Court

07 May 2024 8:19 AM

By: Admin


In a significant ruling, the Andhra Pradesh High Court, presided over by Hon’ble Sri Justice Tarlada Rajasekhar Rao, has dismissed a Criminal Petition seeking to quash a complaint in a cheque fraud case. The petition, filed under Section 482 of the Code of Criminal Procedure, 1973, involved complex issues surrounding a fraudulent cheque and the misuse of a power of attorney.

The court, in its detailed observation, emphasized the importance of procedural fairness, stating, “Procedure should never be made a tool to deny justice or perpetuate injustice by any oppressive or punitive use.” This remark underscores the court’s commitment to ensuring that procedural technicalities do not overshadow substantive rights and the pursuit of justice.

The case, registered as Criminal Petition No. 2885 of 2019, centered around a complaint against the accused for issuing a colored Xerox copy of a cheque amounting to Rs. 2,50,00,000/-. The petition raised critical legal questions about the validity of actions taken under a power of attorney in criminal proceedings and the impact of procedural defects in legal processes.

Justice Rajasekhar Rao, in his ruling, referenced several landmark judgments, reinforcing the principle that the courts exist to decide on the rights of parties, not to punish them for procedural mistakes. He highlighted, “If there was an inadvertent technical violation of the rule in consequence of a bona fide mistake, and the mistake is subsequently remedied, the defect need not necessarily be fatal.”

The decision to dismiss the petition and continue with the trial process reflects the court’s approach to resolving disputes through comprehensive factual examination. The ruling is a reminder of the legal system’s role in balancing procedural requirements with the need for substantive justice.

Date of Decision: 9 November 2023

A Rafeeq vs C Vijaya

Latest Legal News