Supreme Court of India · 2023-02-20
MITA INDIA PVT. LTD. vs MAHENDRA JAIN
- Citation / case number
- SC 2019/23204
- Court
- Supreme Court of India
- Petitioner
- MITA INDIA PVT. LTD.
- Respondent
- MAHENDRA JAIN
- Author
- HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
- Bench
- HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
Judgment text excerpt
The Supreme Court examined whether the complaint filed under Section 138 of the Negotiable Instruments Act was valid, considering the allegations that it was not filed by an authorized person and that certain witnesses lacked proper knowledge. The Court upheld the validity of the complaint, emphasizing the importance of substantive compliance over procedural technicalities. The judgment set aside the orders of the lower courts, reaffirming the enforceability of cheques and the liability for dishonour due to stop payment instructions.