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S.M.S. Pharmaceuticals Ltd vs Neeta Bhalla And Anr on 20 September, 2005

3.The quash petition filed by the petitioners has been assailed on the main ground that the cheque in the issue was given as security, and there was no legally enforceable debt. Further, the 2nd petitioner is neither the signatory of the cheque nor the person issued the cheque. The further contention is that Civil suit C.S.No.821 of 2009 is pending on the file of this Honble Court. The further contention is that merely stating that the petitioners are involved in the day to day activities of the 1st accused company will not be fastened criminal liability. Further, they relied upon the decisions of the Apex Court in the cases of SMS Pharmaceuticals Ltd. Vs. Neeta Bhalla reported in 2005(8) SCC; Sabitha Ramamoorthy Vs. RBS Chenna Basavaradhya reported in 2006(10) SCC 581 and K.K. AHUJA VS. V.K.VOHRA reported in 2010(2) SCC (Crl.)1181 and the complaint is frivolous, vexatious and has been filed only to harass the petitioner with a mala fide intention.
Supreme Court of India Cites 24 - Cited by 1836 - A Kumar - Full Document
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