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.