Niyam v2 is live — start for just ₹100 — 200 credits to try

july 2010

Supreme Court of India · 2010-07-28

P.J.AGRO TECH LIMITED vs WATER BASE LIMITED

Citation / case number
SC 2007/4486
Court
Supreme Court of India
Petitioner
P.J.AGRO TECH LIMITED
Respondent
WATER BASE LIMITED
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,MUKUNDAKAM SHARMA, , ,

Judgment text excerpt

The Supreme Court addressed the applicability of Section 138 of the Negotiable Instruments Act, 1881, in a case where the Appellants were wrongfully implicated in a cheque dishonor case. The Court held that for a company to be liable under Section 138, the cheque must be issued on behalf of the company and signed by its authorized signatories, which was not the case here as the cheque was issued from a personal account of an employee. Consequently, the Court quashed the proceedings against the Appellants, establishing that personal liability cannot be imposed on a company for actions of its employees without proper authorization.

P.J.AGRO TECH LIMITED vs WATER BASE LIMITED · Niyam