Supreme Court · 2001 INSC 572 · Decided 19 November 2001
M/S. M.M.T.C. LTD. and ANR. v. M/S. Medchl Chemicals and Pharma (P) LTD. and ANR.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 572 · [2001] SUPP. 5 S.C.R. 265
- Case number
- CRIMINAL APPEAL No. 1173/2001
- Decided
- 19 November 2001
- Bench
- K.T. THOMAS, S.N. VARIAVA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 139, 142; Companies Act
Headnote
Negotiable Instruments Act, 1881 : Sections 138, 139 and 142-Dishonour of cheque for insufficiency of funds-Complaint-Filing of-Held, must be by the payee or the holder of the cheque in due course-Complaint filed in the name and on behalf of a company by its enzployee without necessary company can send a competent person to represent it. A B c Section 138-Dishonour qf cheque-Complaint-Maintainability of- D Denial of existing debt or liability-Held, burden qf proof lies on the accused and it has to be discharged at the trial siage-At the complaint stage merely on the basis of
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