Supreme Court of India
Dhanasingh Prabhu v. Chandrasekar & Another
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What the Court ordered
We hold that the High Court was not right in rejecting or dismissing the complaint for the reason that the partnership firm was not arraigned as an accused in the complaint or that notice had not been issued to it under Section 138 of the Act.
Judgment, page 37
From the headnote
Issue for Consideration Whether the High Court was right in dismissing the complaint on the ground that the name of the partnership firm was not mentioned in the statutory notice issued by the appellant/complainant to the respondents u/s.138 of the Negotiable Instruments Act, 1881 and was also not arraigned as an accused in the complaint filed by the appellant/complainant. Headnotes† Negotiable Instrument Act, 1881 – ss.138, 141 – Partnership Act, 1932 – Appellant-complainant advanced a loan of Rs.21,00,000/- to the respondent nos.1 and 2 (a partneship firm) for business purposes – In order
Authorities it was built on
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- 1984 Sheoratan Agarwal & Another v. State of Madhya Pradesh
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- 1987 U.P. Pollution Control Board v. Modi Distillery & Ors.
- 1954 Bacha F. Guzdar v. Commissioner of Income-tax, Bombay.
- 1976 Commissioner of Income-tax, Madras v. R. M. Chidambaram Pillai Etc.
- 1984 Regional Director Employees State Insurance Corporation Trichur v. Ramanuja Match Industries
- 2022 Dilip Hariramani v. Bank of Baroda
- 1956 Dulichand Lakshminarayan v. The Commissioner of Income-tax, Nagpur.
- 2019 G. Ramesh v. Kanike Harish Kumar Ujwal & Anr.
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