SAROJBEN ASHWINKUMAR SHAH ETC. vs STATE OF GUJARAT

The Supreme Court upheld the orders of the Judicial Magistrate First Class, Prantij, allowing the addition of Paresh Lakshmikant Vyas and Sarojben Ashwinkumar Shah as Accused Nos. 4 and 5 under Section 319 of the Code of Criminal Procedure, 1973. The Court emphasized that the addition of accused is permissible when evidence suggests their involvement in the offence, as established under Section 138 of the Negotiable Instruments Act, 1881, and Sections 420 and 114 of the Indian Penal Code. The Court affirmed the High Court's decision to maintain the Magistrate's order, reinforcing the principle that all parties involved in a financial transaction can be held accountable for dishonoured cheques.