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august 2008

Supreme Court of India · 2008-08-13

M/S GREEN EARTH ASPHALT & POWER P.LTD. vs STATE OF MAHARASHTRA TR.P.S.O

Citation / case number
SC 2006/26671
Court
Supreme Court of India
Petitioner
M/S GREEN EARTH ASPHALT & POWER P.LTD.
Respondent
STATE OF MAHARASHTRA TR.P.S.O
Author
S.B. SINHA,AFTAB ALAM, , ,
Bench
S.B. SINHA,AFTAB ALAM, , ,

Judgment text excerpt

The Supreme Court held that under Section 141 of the Negotiable Instruments Act, only those partners of a firm who are in charge of the firm's affairs can be held liable for offenses related to dishonored cheques. The Court found that while the High Court correctly quashed proceedings against certain partners for lack of necessary averments, it erred in quashing the proceedings against the authorized signatory and the firm itself. The appeal was allowed in part, reinstating the proceedings against the firm and the signatory while upholding the quashing for the other partners.

M/S GREEN EARTH ASPHALT & POWER P.LTD. vs STATE OF MAHARASHTRA TR.P.S.O · Niyam