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february 2012

Supreme Court of India · 2012-02-01

JIK INDUSTRIES LTD. vs AMARLAL V.JUMANI

Citation / case number
SC 2009/11246
Court
Supreme Court of India
Petitioner
JIK INDUSTRIES LTD.
Respondent
AMARLAL V.JUMANI
Author
JAGDISH SINGH KHEHAR ASOK KUMAR GANGULY
Bench
JAGDISH SINGH KHEHAR ASOK KUMAR GANGULY

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 138 and Section 141 of the Negotiable Instruments Act, 1881, in relation to the sanctioning of a scheme under Section 391 of the Companies Act, 1956. The Court held that the sanctioning of such a scheme does not equate to the compounding of an offence under the N.I. Act, and that it does not terminate ongoing complaint proceedings. The judgment clarified that dissenting creditors retain the right to file complaints under Section 138 for pre-compromise debts, thereby upholding the High Court's dismissal of the writ petitions.

JIK INDUSTRIES LTD. vs AMARLAL V.JUMANI · Niyam