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june 2008

Supreme Court of India · 2008-06-26

M/S. SHANKAR FINANCE & INVESTMENTS vs STATE OF A.P. .

Citation / case number
SC 2002/21090
Court
Supreme Court of India
Petitioner
M/S. SHANKAR FINANCE & INVESTMENTS
Respondent
STATE OF A.P. .
Author
R.V. RAVEENDRAN,P. SATHASIVAM, , ,
Bench
R.V. RAVEENDRAN,P. SATHASIVAM, , ,

Judgment text excerpt

The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act can be filed by an attorney holder, as long as the complaint is made by the payee or holder in due course. The Court clarified that the eligibility criteria under Section 142 is satisfied if the complaint is in the name of the payee company, regardless of who signs it. The Court reversed the High Court's decision that the complaint was not maintainable, emphasizing that the authority to file a complaint does not solely rest on the individual who initially presents it, allowing for representation by different persons as necessary.

M/S. SHANKAR FINANCE & INVESTMENTS vs STATE OF A.P. . · Niyam