Supreme Court · 2021 INSC 710 · Decided 10 November 2021
Bhupesh Rathod v. Dayashankar Prasad Chaurasia & ANR.
- Court
- Supreme Court of India
- Citation
- 2021 INSC 710 · [2021] 7 S.C.R. 319
- Case number
- CRIMINAL APPEAL No. 1105/2021
- Decided
- 10 November 2021
- Bench
- SANJAY KISHAN KAUL, M.M. SUNDRESH (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 142, 139
Headnote
Negotiable Instruments Act, 1881: ss.138, 142 - Complaint filed u/s.138 by the Managing Director of the appellant-company - Board Resolution authorising the Managing Director to file complaint for dishonour of cheque annexed with the complaint - Defence of respondent that the the complaint and the Board Resolution annexed did not lead to conclusion that it was filed on behalf of the Company - Held: It is quite apparent from the format of the complaint that the Managing Director had filed the complaint on behalf of the Company - There could be a format
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