The Supreme Court, while quashing the criminal proceedings against a woman, said that there should be at least some factual supporting material for the allegations made in the FIR. The complainant's case recorded in the FIR was as follows: The accused married the complainant's brother on 11th December 2016 and thereafter she began to harass her brother mentally and physically and this was the reason why her brother died on 8th December 2016 He died suddenly on the job in 2017.

Section 138 NI Act – Prima Facie Indication That Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance: Supreme Court

February 23, 2022April 6, 2022 Sankalp Mirani

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Section 138 NI Act - Prima Facie Indication That Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance: Supreme Court — Images; Picture; Representative image/ Sources LRA E ARCHIVES

Section 138 NI Act – Prima Facie Indication That Complaint Is Filed By Authorized Person Of Company Sufficient For Magistrate To Take Cognisance: Supreme Court

Proper authorization can be an issue for trial and complaints cannot be quashed on this ground under Section 482 CRPC, Court added. The Supreme Court observed that, in a cheque bounce case, when the complainant/payee is a company, an authorized employee can represent the company.

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Sankalp Mirani

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