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(Quashing of Proceedings under Negotiable Instruments Act, 1881 for Non-Signatory Joint Account Holder)

Negotiable Instruments Act, 1881: Sections 138, 141, 142 - Criminal Procedure Code, 1973: Section 482 - This petition was filed by the second accused, R. Manjulakshmi, seeking to quash a private complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act) in S.T.C.No.626 of 2025. The dishonored cheque was drawn from a joint account held by the first accused (R. Ramesh) and the petitioner, but only the first accused had signed it.

Corporate Insolvency Resolution Process (CIRP) – Pre-existing Dispute

An appeal concerning Sections 8 and 9 of the Insolvency and Bankruptcy Code, 2016 (IBC) - The operational creditor, Chemical Suppliers India Private Limited, initiated a Corporate Insolvency Resolution Process (CIRP) against the corporate debtor, GLS Films Industries Private Limited, under Section 9 of the IBC, claiming an operational debt of Rs. 2,92,93,223/- for supplied chemicals and interest.

The corporate debtor contested the application, asserting a pre-existing dispute regarding defective supplies and demanding reconciliation of accounts. It presented evidence of a letter dated 10.12.2020 detailing defective supplies from September-October 2020, a police complaint on 27.09.2021 highlighting defective quality and the need for account reconciliation, and emails dated 16.10.2021 reiterating the dispute—all preceding the Section 8 demand notice dated 11.11.2021.

• Powers of Attorney Act, 1882 – General Power of Attorney (GPA) – Scope of Authority: Where a registered GPA unequivocally grants the agent the power to sell property, the principal cannot later deny that aspect or take a stand contrary to the recitals in the GPA, especially if the execution of the GPA itself is admitted and unchallenged.
• Indian Contract Act, 1872 – Section 215 – Agent acting on own account: While a principal may repudiate a transaction where an agent acts on their own account without the principal’s knowledge, this applies to voidable transactions. If the transaction (e.g., a sale deed) is otherwise validly executed under the granted power, it remains valid until set aside by a proper legal challenge.
• Limitation Act, 1963 – Articles 58 & 59 – Suit for Declaration/Cancellation: A suit seeking declaration of title and recovery of possession, where the underlying sale deeds executed by a power agent are challenged as fraudulent or without consideration, implicitly requires setting aside or cancellation of such deeds. The limitation period for such a challenge would typically be governed by Article 59 of the Limitation Act.
• Civil Procedure Code, 1908 – Suit for Declaration and Recovery of Possession: A suit for declaration of title and recovery of possession is generally not maintainable without a specific prayer to set aside or cancel sale deeds that appear valid on their face and were executed by a duly authorized power agent, even if the consideration is alleged to be inadequate or not passed on to the principal.
• Burden of Proof – Consideration in Sale Deeds: Where registered sale deeds explicitly record the passing of consideration from the purchaser to the agent, the burden to prove that such consideration was not actually paid or that the transaction was collusive and fraudulent without consideration, rests squarely on the party asserting such claims (the plaintiffs in this case).
• Remedy for Non-payment of Sale Consideration by Agent: If a power agent, after executing a valid sale deed on behalf of the principal, fails to remit the sale consideration to the principal, the appropriate remedy for the principal is to seek rendition of accounts and recovery of the money from the agent, not to declare the sale deed invalid or seek declaration of title over the sold property.
• Indian Stamp Act, 1899 – Article 48(e) – GPA for Consideration: If a General Power of Attorney is executed for consideration, it must be stamped as per Article 48(e) of the Indian Stamp Act. Improper stamping (e.g., stamped for Rs.

Indian Penal Code (IPC) – Sections 147, 148, 302, 149, 120B – This case involves appeals against the judgment of the I Additional District and Sessions Judge, Salem, concerning convictions and acquittals related to the murders of Sundarajan and Kuppusamy. The prosecution alleged pre-existing enmity leading to the formation of an unlawful assembly by the accused, who assaulted Sundarajan at Veeranam Bus Stand and later murdered Kuppusamy near Anai Gounder’s house.

Accused individuals were charged under Sections 147, 148, 302 r/w 149, and 120B of the IPC. The trial court convicted some accused while acquitting others, leading to appeals by both the convicted and the State.

(Rejection of Plaint under Order VII Rule 11 CPC read with Order II Rule 2 CPC)

Code of Civil Procedure, 1908 (CPC) – Order II Rule 1, 2; Order VII Rule 11(a) to (f), 13 - This judgment addresses the High Court's decision to reject a plaint in a second suit (O.S. No. 2320 of 2013) under Order VII Rule 11(d) of the CPC, on the ground that it was barred by Order II Rule 2 of the CPC. The appellants (original plaintiffs in the second suit) challenged this rejection.

Indian Penal Code, 1860 (IPC) – Section 366; Protection of Children from Sexual Offences Act, 2012 (POCSO Act) – Section 6(1) – This criminal appeal challenged the conviction of Accused No. 1 (A1) for offences under Section 366 IPC and Section 6(1) of the POCSO Act, 2012. The prosecution alleged that A1, along with a friend, kidnapped the 17-year-old victim on a promise of marriage and committed penetrative sexual assault. The trial court convicted A1 but acquitted A2.