VidhiSangh

Supreme Court of India · 26/04/2022

RATHISH BABU UNNIKRISHNAN versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

[2022] 4 S.C.R. 989 · 2022 INSC 480

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

An accused sought quashing of cheque-dishonour process, asserting that post-dated cheques were security for a share buyback and could be presented only after share transfer. The Court held that these disputed factual defences did not justify terminating the complaint before evidence, particularly where the cheque and signature were admitted and the statutory presumption supported the complainant. It dismissed the appeals while preserving a fair trial, rebuttal of the presumption and independent determination of the merits.

Issues

  1. Whether disputed security-cheque and share-transfer defences justified quashing before trial.

Provisions considered

Held

Result

Appeals dismissed, parties bearing their own costs. The summoning and trial process remained in force, with all factual defences and rebuttal of the statutory presumption open at trial; the Court’s observations were expressly limited to the present order.

Judgment PDF: Supreme Court of India, [2022] 4 S.C.R. 989.