Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Negotiable instruments Act 1881: ss. 138 141 and 142 - Complaint u!s. 138 - During the trial application u/s. 319 Cr.P.C. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Negotiable instruments Act, 1881: ss. 138, 141 and 142 - Complaint u!s. 138 - During the trial application u/s. 319 Cr.P.C. to imp/summoner a Company 011 C the ground that the complainant/applicant came to know the fact that the Company was the drawer of the discouraged cheque and the accused was only a signatory - Application was allowed by trial coy,.t and further affirmed by High Court - On appeal, held: The application u!s. 319 Cr.P. C was only a device by which the D complainant( sought to initiate prosecution u/s. 138 against the Company beyond the period of limitation as stipulated in 1881 Act - No doubt s. 142 authorises the court to condone the delay i11 appropriate cases - In the facts of the present case, there is no reason to condone the delay - Code of Criminal Procedure, 1973 - s. 319. |
Judge | Hon'ble Mr. Justice Jasti Chelameswar |
Neutral Citation | 2017 INSC 830 |
Petitioner | N. Harihara Krishnan |
Respondent | J. Thomas |
SCR | [2017] 9 S.C.R. 324 |
Judgement Date | 2017-08-30 |
Case Number | 1534 |
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