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august 2004

Supreme Court of India · 2004-08-10

MONABEN KETANBHAI SHAH vs STATE OF GUJARAT .

Citation / case number
SC 2004/5408
Court
Supreme Court of India
Petitioner
MONABEN KETANBHAI SHAH
Respondent
STATE OF GUJARAT .
Author
D.M. DHARMADHIKARI. Y.K. SABHARWAL
Bench
D.M. DHARMADHIKARI. Y.K. SABHARWAL

Judgment text excerpt

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, dishonour of a cheque constitutes an offence, and Section 141 establishes vicarious liability for those in charge of a company. The Court clarified that a complaint does not need to verbatim reproduce Section 141, as long as the substance fulfills its requirements. The Court upheld the High Court's decision to proceed against two accused while reversing the discharge of a third, emphasizing the need for a liberal interpretation of complaints in such cases.

MONABEN KETANBHAI SHAH vs STATE OF GUJARAT . · Niyam