Supreme Court · 2004 INSC 431 · Decided 10 August 2004
Monaben Ketanbhai Shah and ANR. v. State of Gujarat and ORS.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 431 · [2004] SUPP. 3 S.C.R. 411
- Case number
- CRIMINAL APPEAL No. 850/2004
- Decided
- 10 August 2004
- Bench
- Y.K. SABHARWAL, D.M. DHARMADHIKARI (2-judge bench)
- Outcome
- Leave Granted & Allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 141
Headnote
B Negotiable Instruments Act, 1881-Sections 138 and 141-Dishon­ our of cheque--{;omplaint against partners of firm-Absence of requisite averments in the complaint that they took active interest in the business­ Fastening of criminal liability-Held: Under section f4 I' criminal liability C conduct of its business-The substance of allegations made in the complaint do not fulfil ingredients of Section-Hence accused discharged. Respondent No. 2 filed complaint under Section 138 of the D Negotiable Instruments Act, 1881 against five accused-partners of a firm alleging dishonour of a
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