#quashing proceedings

Bombay High Court rules that a cheque issued for 'other liability' under Section 138 of the Negotiable Instruments Act attracts criminal penalty regardless of a direct debtor-creditor relationship. The judgment rejects narrow interpretations, holding that vicarious liability extends to cheques issued pursuant to consent awards or family settlements, impacting directors and signatories of companies.

Allahabad HC dismisses a quashing petition, holding that courts cannot conduct a mini-trial or demand corroborative evidence at the summoning stage under CrPC 482. The ruling reaffirms that mere existence of a prima facie case-even with factual discrepancies-is sufficient for cognizance, protecting accused from premature judicial scrutiny while ensuring procedural fairness.

Allahabad High Court sets aside a summoning order under Section 138 NI Act, ruling that failure to record satisfaction of statutory notice service and compliance with the mandatory 15-day grace period vitiates proceedings. The court emphasized that the 15-day window for payment post-notice is a statutory prerequisite, not a procedural formality, impacting cheque bounce litigation nationwide.

The Allahabad High Court has reaffirmed that proceedings under Section 12 of the Domestic Violence Act, 2005 cannot be quashed under BNSS Section 528 unless there is clear gross illegality or abuse of process. This upholds the welfare-oriented intent of the law and ensures survivors are not denied recourse through procedural manipulation by accused parties.

Supreme Court quashes criminal proceedings where CCTV footage irrefutably disproved the accused's participation, reinforcing that Section 482 CrPC empowers courts to prevent abuse of process when evidence negates allegations. This ruling sets a precedent for reliance on digital evidence to secure quashing of baseless charges.

Punjab & Haryana High Court rules that directors cannot be held liable under Section 138 of the Negotiable Instruments Act merely by virtue of their position. Liability attaches only if they were actively involved in the company's affairs or the cheque's issuance, and resignation before the cheque date absolves them entirely. This clarifies the scope of vicarious liability for directors in cheque bounce cases.

Madhya Pradesh High Court rules that accused can rely on documents outside the charge sheet in Section 482 CrPC quashing petitions to argue abuse of process, but not during discharge proceedings. The distinction clarifies procedural boundaries for challenging criminal proceedings at different stages.

Madras High Court quashes proceedings under Bharatiya Nyaya Sanhita Section 69 where the accused and complainant married post-filing, holding that continued prosecution serves no public interest in consensual adult relationships. The ruling reinforces judicial discretion to prevent abuse of process in cases resolved amicably.

Telangana High Court rules that naming family members in dowry complaints without specific allegations contravenes BNSS Section 528, requiring investigators to apply Arnesh Kumar guidelines and Section 35(3) BNSS before proceeding. The judgment reinforces that automatic arrests based on generic accusations are illegal, protecting non-primary accused from arbitrary detention.

Bombay High Court holds that mere ownership of premises used for trafficking cannot justify criminal liability without proof of knowledge or participation, reinforcing stringent thresholds for quashing under Section 482 CrPC.

Rajasthan High Court holds that non-production of invoice bills or cash books at trial stage does not warrant quashing of Section 138 NI Act proceedings; evidence must be fully heard.

Jharkhand High Court quashes SC/ST Act proceedings where assault arose from land dispute, not caste identity, clarifying that mere abuse does not trigger the Act without caste-based intent.