Supreme Court of India · 2001-01-04
RAJNEESH AGGARWAL vs AMIT J. BHALLA
- Citation / case number
- SC 1999/14879
- Court
- Supreme Court of India
- Petitioner
- RAJNEESH AGGARWAL
- Respondent
- AMIT J. BHALLA
- Author
- PATTANAIK
- Bench
- G.B. RATTANAIK & U.C. BANERJEE
Judgment text excerpt
The Supreme Court held that under Section 138 and Section 141 of the Negotiable Instruments Act, a complaint can be filed against an individual without impleading the company if the cheques were issued in the individual's capacity. However, the Court found that the notice required under proviso (b) of Section 138 must be served to the drawer of the cheque, and since the notice was not properly served, the criminal proceedings were quashed. The Court upheld the High Court's decision to dismiss the complaints based on the lack of proper notice.