Niyam v2 is live — start for just ₹100 — 200 credits to try

february 2023

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.

MITA INDIA PVT. LTD. vs MAHENDRA JAIN · Niyam