Supreme Court of India · 2005-04-25
S.V. Muzumdar And Ors vs Gujarat State Fertilizer Co. Ltd. And ...
- Court
- Supreme Court of India
- Petitioner
- S.V. Muzumdar And Ors
- Respondent
- Gujarat State Fertilizer Co. Ltd. And ...
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court upheld the Gujarat High Court's decision to refuse quashing proceedings under Section 138 of the Negotiable Instruments Act, 1881, stating that the trial court must determine the responsibility of the accused under Section 141(1) of the Act. The Court emphasized that the allegations against the appellants, including directors and employees of the company, warranted a trial to ascertain their involvement in the offence. The appeal was dismissed, affirming the High Court's ruling that the matter should proceed to trial rather than being stalled prematurely.