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july 2011

Supreme Court of India · 2011-07-19

Anil Sachar & Anr vs M/S Shree Nath Spinners P.Ltd.& Ors.Etc

Citation / case number
AIR 2011 SUPREME COURT 2751
Court
Supreme Court of India
Petitioner
Anil Sachar & Anr
Respondent
M/S Shree Nath Spinners P.Ltd.& Ors.Etc
Author
Anil R. Dave
Bench
Anil R. Dave, Mukundakam Sharma

Judgment text excerpt

The Supreme Court upheld the acquittal of the accused under Section 138 of the Negotiable Instruments Act, stating that the cheques in question were issued by M/s. A.T. Overseas Ltd. and not by M/s. Shree Nath Spinners Pvt. Ltd., which was the entity that received the goods. The Court emphasized that the two companies are distinct legal entities and that the complainants failed to establish a direct liability of the accused under the Act. Consequently, the appeals against the High Court's dismissal of the complaints were rejected, affirming the lower courts' decisions.

Anil Sachar & Anr vs M/S Shree Nath Spinners P.Ltd.& Ors.Etc · Niyam