Supreme Court · 2017 INSC 830 · Decided 30 August 2017
N. Harihara Krishnan v. J. Thomas
- Court
- Supreme Court of India
- Citation
- 2017 INSC 830 · [2017] 9 S.C.R. 324
- Case number
- CRIMINAL APPEAL No. 1534/2017
- Decided
- 30 August 2017
- Bench
- JASTI CHELAMESWAR, S. ABDUL NAZEER (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 319, 138; NI Act Section 138, 141, 142
Headnote
Negotiable instruments Act, 1881: ss. 138, 141 and 142 - Complaint u!s. 138 - During the trial application u/s. 319 Cr.P.C. to imp/eadlsummon a Company 011 C the ground that the complainant/applicant came to know the fact that the Compa11y was the drawer of the disho11oured cheque and the accused by trial cou,.t and further affirmed by High Court - On appeal, held: The application u!s. 319 Cr.P. C was only a device by which the D complaina11( sought to initiate prosecution u/s. 138 against the Company beyond the period of limitatio11 as stipulated in 1881 Act - No doubt s. 142
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)