Supreme Court of India
Bhupesh Rathod v. Dayashankar Prasad Chaurasia & Anr.
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What the Court ordered
We are of the view that in the given scenario the respondent should be sentenced with imprisonment for a term of one year and with fine twice the amount of the cheque, i.e., Rs.3,20 ,000/-. However, in view of passage of time, we provide that if the respondent pays a further sum of Rs.1,60,000/- to the appellant, then the sentence 331 would stand suspended.
Judgment, page 12
From the headnote
Negotiable Instruments Act, 1881: ss.138, 142 – Comp laint filed u/s.138 by the Managing Director of the appellant-company – Board Resolution authorising the Managing Director to file complaint for dishonour of cheque annexed with the c omplaint – Defence of respondent that the complaint was not in proper form as the complaint and the Board Resolution annexed did not lead to conclusion that it was filed on behalf of the Company – Held: It is quite apparent from the format of the complaint that the Managi ng Director had filed the complaint on behalf of the Company – Ther e could be a format
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