Supreme Court · 2010 INSC 441 · Decided 28 July 2010
P.J. Agro Tech Limited & ORS. v. Water Base Limited
- Court
- Supreme Court of India
- Citation
- 2010 INSC 441 · [2010] 9 S.C.R. 119
- Case number
- CRIMINAL APPEAL No. 1357/2010
- Decided
- 28 July 2010
- Bench
- ALTAMAS KABIR, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138, 136
Headnote
NEGOTIABLE INSTRUMENTS ACT, 1881: s. 138-Dishonour of cheque-Liability for default-Held: A B c In order to attract the provisions of s. 138, the cheque must have been drawn by a person on the account maintained by him with the banker-In the instant case, the cheque in question was neither drawn on by the D company against which the complaint was made, nor was it signed by any of its directors and, therefore, the company and its directors cannot be made liable for the default committed by another person~lnterpretation of statutes. INTERPRETATION OF STATUTES; Strict construction-Held:
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)