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august 2023

Supreme Court of India · 2023-08-03

ASHOK SHEWAKRAMANI vs STATE OF ANDHRA PRADESH

Citation / case number
SC 2017/12240
Court
Supreme Court of India
Petitioner
ASHOK SHEWAKRAMANI
Respondent
STATE OF ANDHRA PRADESH
Author
HON'BLE MR. JUSTICE ABHAY S. OKA
Bench
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ABHAY S. OKA

Judgment text excerpt

The Supreme Court examined whether the High Court erred in dismissing a petition under Section 482 of the Criminal Procedure Code to quash a complaint filed under Section 138 of the Negotiable Instruments Act. The appellants, alleged to be directors of a company, argued that essential averments under Section 141(1) of the NI Act were missing. The Court emphasized the importance of proper averments to establish liability of directors under Section 141, and upheld the High Court's decision, affirming that the complaint was not liable to be quashed at this stage. The judgment underscores the necessity of precise pleadings in criminal complaints involving corporate liability.

ASHOK SHEWAKRAMANI vs STATE OF ANDHRA PRADESH · Niyam