Supreme Court of India · 2004-08-10
Monaben Ketanbhai Shah & Anr vs State Of Gujarat & Ors
- Citation / case number
- AIR 2004 SUPREME COURT 4274
- Court
- Supreme Court of India
- Petitioner
- Monaben Ketanbhai Shah & Anr
- Respondent
- State Of Gujarat & Ors
- Author
- D.M. Dharmadhikari
- Bench
- D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court addressed the interpretation of Section 138 and Section 141 of the Negotiable Instruments Act, 1881, emphasizing that a complaint must be read as a whole to determine if it fulfills the requirements of vicarious liability. The Court held that mere non-mentioning of specific words in the complaint does not absolve the accused of responsibility if the substance of the allegations meets the statutory requirements. The appeal was allowed, and the High Court's decision to uphold the Sessions Judge's order was set aside, reinforcing the need for a factual foundation in complaints under these sections.