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january 2001

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.

RAJNEESH AGGARWAL vs AMIT J. BHALLA · Niyam