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Prosecution of Partners/Directors without arraigning firm/company as accused for dishonour of cheque not maintainable u/s 138 of NI Act: SC
Case Law Details
- Case Name
- Dilip Hariramani Vs Bank of Baroda (Supreme Court of India)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- Supreme Court of India
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Dilip Hariramani Vs Bank of Baroda (Supreme Court of India)
It is common knowledge that complaint under section 138 of the Negotiable Instruments Act, 1881 for dishonour of cheques are usually made against the directors of the company or the partners of the partnership firm and the company or the partnership firm are not arraigned as accused. In a recent judgment of the Apex Court in Criminal Appeal No. 767 of 2022 Dilip Hariramani vs. Bank of Baroda decided on May 9, 2022, the Court has quashed the proceedings u/s 138 of the NI Act against the partners as non maintainable.
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