Supreme Court · 2007 INSC 379 · Decided 5 April 2007

Raghu Lakshminarayanan v. M/S. Fine Tubes

Court
Supreme Court of India
Citation
2007 INSC 379 · [2007] 4 S.C.R. 885
Case number
Contempt Appeal No. 485/2007
Decided
5 April 2007
Bench
S.B. SINHA, MARKANDEY KATJU (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Contempt
Acts & sections cited
CrPC Section 482; CPC; NI Act Section 141, 138; Companies Act

Headnote

B 'I' Negotiable Instruments Act, 1881-ss.141 & 138: Dishonour of cheque issued by proprietorship firm-Complaint against c its employee-Held: Proprietary concern is not a company within meaning of s.141-Hence employee of such a concern cannot be proceeded against-.. _ Code of Criminal Procedure, 1908-0rder XtX Rules 1 and JO- D ...,· 7 Partnership firm and proprietorship firm-Distinction between-Re-iterated Respondent No. l filed complaint petition alleging commission of offence under Section 138 of the Negotiable Instruments Act. It was alleged that a cheque was

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