Supreme Court · 2011 INSC 570 · Decided 10 August 2011
Sarojben Ashwinkumar Shah v. State of Gujarat and ANR.
- Court
- Supreme Court of India
- Citation
- 2011 INSC 570 · [2011] 9 S.C.R. 1138
- Case number
- CRIMINAL APPEAL No. 1554/2011
- Decided
- 10 August 2011
- Bench
- AFTAB ALAM, RAJENDRA MAL LODHA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 114, 420; CrPC Section 319; NI Act Section 138
Headnote
Code of Criminal Procedure, 1973 - s. 319 - Power to proceed against other persons appearing to be guilty of c offence - On facts, complaint uls. 138 Negotiable Instruments Act against a firm and its partners - Subsequently, application u/s. 319 for joining appellant and one other person as co- on basis of document (copy of registration of the firm) whereby the proposed accused were D shown as partners of the firm - Direction by Judicial Magistrate to join them as co-accused - Said order upheld by the High Court - On appeal, held: High Court failed to consider whether the Magistrate
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