Section 482 CrPC and Cheque Dishonour – Mohit Batola v. Jaydee Capital Infrastructure | Uttarakhand HC

  • Blog|News|FEMA & Banking|
  • 2 Min Read
  • By Taxmann
  • |
  • Last Updated on 16 September, 2025

Latest from Taxmann

Section 482 CrPC cheque dishonour

Case Details: Mohit Batola vs. Jaydee Capital Infrastructure - [2025] 178 taxmann.com 211 (Uttarakhand)

Judiciary and Counsel Details

  • Pankaj Purohit, J.
  • Ananya Thapliyal, learned counsel for the Applicant
  • Ramji Srivastava, learned counsel for the Respondent

Facts of the Case

In the instant case, applicant and respondent entered into a compromise deed, pursuant to which applicant issued certain post-dated cheques to respondent on the understanding that the agreed construction work would be completed in due course.

Later, respondent presented one of the cheques in question, but the same was dishonoured. In pursuance thereof, a statutory notice was issued, which applicant denied liability for. Thereafter, respondent filed a complaint against applicant under section 138, which in turn initiated proceedings against applicant.

Applicant filed the present petition under section 482 CrPC seeking quashing of the said proceedings on the ground that the cheques were presented after termination of the agreement and thus no liability subsisted.

High Court Held

The High Court observed that the case involved multiple sets of disputed facts which could only be settled before the Trial Court after a proper trial, and the dispute regarding whether the cheque was deposited on 06.05.2020 or 08.05.2020, i.e., whether presentation was prior to or subsequent to the alleged termination of the agreement, was a factual controversy that could not be resolved in proceedings under section 482 CrPC. No ground was therefore found to exercise inherent powers of the High Court under section 482 CrPC to quash the proceedings.

Accordingly, the present application was dismissed.

List of Cases Reviewed

List of Cases Referred To

  • S.P. Chengalvaraya Naidu v. Jagannath (1994) 1 SCC 1 (para 4)
  • Union of India v. Ramesh Gandhi (2012) 1 SCC 476 (para 4)
  • Indus Airways (P.) Ltd. v. Magnum Aviation (P.) Ltd. (2014) 12 SCC 539 (para 5)
  • Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel [2022] 143 taxmann.com 144/[2023] 175 SCL 5 (SC) (para 6)
  • Sunil Singh v. State of Uttarakhand [Criminal Misc. Application No. 248 of 2024] (para 6)
  • Priti Saraf v. State of NCT of Delhi 2021 SCC Online SC 206 (para 12)
  • Nagarjun Vallupalli v. state of Andhra Pradesh 2018 SCC online Hyd 97 (para 12)
  • M.M.T.C. Ltd. v. Medchl Chemicals & Pharma (P.) Ltd. [2001] 39 SCL 270 (SC) (para 17)
  • Rathish Babu Unnikrishnan v. State (Govt. of NCT of Delhi) [2022] 140 taxmann.com 26/172 SCL 666 (SC) (para 20)
  • Vihan Exims Co. (P.) Ltd. v. State Govt. of NCT of Delhi [2023] 154 taxmann.com 106/180 SCL 421 (Delhi) (para 21)

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

Taxmann editorial team

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that’s easy to read and remain consistent across all imprint and digital publications are applied

Leave a Reply

Your email address will not be published. Required fields are marked *

«
»

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied