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Criminal Lawyer: Second petition under Section 482 Cr.P.C. is maintainable; SC.

Supreme Court of India

Justice Navin Sinha and Justice Ashok Bhushan

The SC {Anil Khadkiwala versus State and another} holds that successive application under Section 482 Cr.P.C. under changed circumstances was maintainable, and the dismissal of the earlier application was no bar to the subsequent application before the HC.

It was held since the appellant had resigned from the post of the director of the company prior to the issuance of the cheques, therefore, the proceedings against him was liable to be quashed. It was held that in earlier application u/s 482 Cr.P.C. the form 32 was not filed, and therefore, it was not considered by the HC in first application. In view of that the subsequent application which was filed with form 32 held to be maintainable, and the order of the HC dismissing the second petition as not maintainable was set aside by the SC, and the proceedings under section 138 NI Act against the appellant was quashed.

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