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Supreme Court of India · 2023-03-15

AJAY KUMAR RADHEYSHYAM GOENKA vs TOURISM FINANCE CORPORATION OF INDIA LTD.

Citation / case number
SC 2019/46871
Court
Supreme Court of India
Petitioner
AJAY KUMAR RADHEYSHYAM GOENKA
Respondent
TOURISM FINANCE CORPORATION OF INDIA LTD.
Author
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
Bench
HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE J.B. PARDIWALA

Judgment text excerpt

The Supreme Court examined the validity of criminal proceedings initiated under Section 138 of the Negotiable Instruments Act against a company and its promoter, based on a dishonored cheque. The Court analyzed whether the legal notice and subsequent acknowledgment of liability by the accused were sufficient to establish the offence. The Court emphasized the importance of proper compliance with procedural requirements under the NI Act and upheld the criminal proceedings, affirming the liability of the appellant and the company.

AJAY KUMAR RADHEYSHYAM GOENKA vs TOURISM FINANCE CORPORATION OF INDIA LTD. · Niyam