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july 2010

Supreme Court of India · 2010-07-06

Central Bank Of India vs M/S. Asian Global Ltd.& Ors

Citation / case number
AIR 2010 SUPREME COURT 2835
Court
Supreme Court of India
Petitioner
Central Bank Of India
Respondent
M/S. Asian Global Ltd.& Ors
Author
Altamas Kabir
Bench
Cyriac Joseph, Altamas Kabir

Judgment text excerpt

The Supreme Court upheld the Delhi High Court's decision to quash the complaint filed by the Central Bank of India against the Respondents under Sections 138 and 139 of the Negotiable Instruments Act, 1881, along with Section 120-B and 420 IPC. The Court established that the Respondent No.3, being a sister concern, did not have privity of contract with the Bank, thereby negating the Bank's claim as a 'holder in due course'. Consequently, the Court affirmed the High Court's ruling that discharged the Respondents from the criminal proceedings initiated by the Bank.

Central Bank Of India vs M/S. Asian Global Ltd.& Ors · Niyam