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february 2000

Supreme Court of India · 2000-02-11

R. Rajgopal vs S.S. Venkat

Citation / case number
AIR 2001 SUPREME COURT 2432
Court
Supreme Court of India
Petitioner
R. Rajgopal
Respondent
S.S. Venkat
Bench
K.T. Thomas, M.B. Shah

Judgment text excerpt

The Supreme Court held that the High Court's quashing of the complaint under Section 138 of the Negotiable Instruments Act was erroneous, as the partnership firm, which issued the cheque, was not made an accused. The Court referenced the precedent set in Anil Hada v. India Acrylic Limited, establishing that all parties involved in the issuance of the cheque must be included in the complaint. Consequently, the Supreme Court set aside the High Court's judgment and directed the trial Court to proceed with the trial.

R. Rajgopal vs S.S. Venkat · Niyam