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TMI Blog2016 (3) TMI 762X X X X Extracts X X X X X X X X Extracts X X X X ..... by special leave against the common impugned order dated 19.03.2002, passed by the High Court of Andhra Pradesh, in Criminal Petition Nos.3091-3097 and 3437 of 2001 whereby the High Court quashed the criminal prosecution in Criminal Case Nos.237/1998, 232/1998, 233/1998, 238/1998, 236/1998, 103/1998, 231/1998 and 103/1999, by exercising its power under Section 482 of the Code of Criminal Procedur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 482 of the Code for quashing the criminal prosecution, contending that the complainant has not made out any prima facie case so as to attract the ingredients of section 138 of the Act. The main defence taken by the respondents-accused in the petitions for quashing criminal prosecution was that the appellant Bank being a holder in due course cannot maintain a complaint in the absence of a legall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Punjab & Sind Bank vs. Vinkar Sahakari Bank Ltd. & Ors. - (2001) 7 SCC 721 and submitted that the holder in due course is entitled to enforce their right and also to file a complaint under section 138 of the Act. We have considered the ratio decided by this Court in the case of Punjab & Sind Bank (supra) where a similar question was involved. This Court after considering the provisions of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. 22. In this context reference has to be made to section 118(g) of the Act which contains a mandate that until the contrary is proved the holder of a negotiable instrument shall be presumed to be a holder in due course. Thus, there is no escape for the court from drawing such presumption." Apart from that, we are of the considered view that whatever defence has been taken by the accusedresp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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