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july 2010

Supreme Court of India · 2010-07-28

P.J.Agro Tech Limited & Ors vs Water Base Limited

Citation / case number
AIR 2010 SUPREME COURT 2596
Court
Supreme Court of India
Petitioner
P.J.Agro Tech Limited & Ors
Respondent
Water Base Limited
Author
Altamas Kabir
Bench
Mukundakam Sharma, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed the applicability of Section 138 of the Negotiable Instruments Act, 1881, in a case where a cheque issued by an individual was claimed to be on behalf of a company. The Court held that for a company to be liable under Section 138, the cheque must be issued by an authorized signatory of the company, and since the cheque in question was issued from a personal account without authorization, the complaint against the company was an abuse of process. The Court quashed the proceedings against the Appellants, emphasizing the necessity of proper authorization in cheque transactions.

P.J.Agro Tech Limited & Ors vs Water Base Limited · Niyam