Supreme Court of India · 2021-11-10
Bhupesh Rathod vs Dayashankar Prasad Chaurasia .
- Court
- Supreme Court of India
- Petitioner
- Bhupesh Rathod
- Respondent
- Dayashankar Prasad Chaurasia .
- Author
- Sanjay Kishan Kaul
- Bench
- M.M. Sundresh, Sanjay Kishan Kaul
Judgment text excerpt
The Supreme Court addressed the issue of the validity of a complaint filed under Section 138 of the Negotiable Instruments Act, 1881, by an authorized representative of a company. The court held that the authorization must be clear and unambiguous, and the complaint must be filed within the stipulated time frame after the dishonor of the cheque. The court ultimately upheld the complaint, emphasizing the importance of proper authorization in legal proceedings.