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august 2004

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.

Monaben Ketanbhai Shah & Anr vs State Of Gujarat & Ors · Niyam