NDLI: Himanshu Vs. B. Shivamurthy & Anr.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	s.141 and Proviso to s.138 1881 Maintainability of Complaint Negotiable Instruments Act
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Code of Criminal Procedure, 1973 (2 of 1974)
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Negotiable Instruments Act, 1881 – s.141 and Proviso to s.138 – Maintainability of Complaint – When cheque was drawn by a person as a director of a Company – Appellant borrowed a sum of money from respondent and issued a cheque – When cheque was presented in the bank for encashment, it was returned with the endorsement that funds were insufficient – Respondent issued notice to the appellant – Upon the failure of the appellant to pay the amount due under the cheque, a complaint was instituted – Appellant filed petition u/s. 482 of the Cr.P.C. to quash the complaint – Appellant contended that cheque was issued by one of the directors of the company and that was not a cheque issued by any person in his individual capacity – Submission of appellant was rejected by the High Court and it held that company could be arraigned as an accused, and the petition was dismissed – On appeal, held: In the instant case, the record before the Court indicated that the cheque was drawn by the appellant for ‘L’ Company, as its Director – Notice of demand was served only on the appellant – Complaint was lodged only against the appellant without arraigning the company as an accused – In the absence of the company being arraigned as an accused, a complaint against the appellant was therefore not maintainable – Appellant had signed the cheque as a Director of the company and for and on its behalf – Moreover, in the absence of a notice of demand being served on the company and without compliance with the proviso to s.138, the High Court was in error in holding that the company could now be arraigned as an accused – High Court erred in rejecting the petition u/s. 482 of the Cr.P.C – Code of Criminal Procedure, 1973 – s.482.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2019 INSC 53
Petitioner	Himanshu
Respondent	B. Shivamurthy & Anr.
SCR	[2019] 1 S.C.R. 991
Judgement Date	2019-01-17
Case Number	1465

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

Himanshu Vs. B. Shivamurthy & Anr.

Please Log-in to view this content

Ripudaman Singh Vs. Balkrishna

Mis. Rahul Builders Vs. M/s. Arihant Fertilizers and Chemical and Anr.

C.c. Alavi Haji Vs. Palapetty Muhammed and Anr

B. Sunitha Vs. The State of Telengana & Anr.

Suku Vs. Jagdish & Anr.

N. Harihara Krishnan Vs. J. Thomas

Kaushalya Devi Massand Vs. Roopkishore Khore

Raghu Lakshminarayanan Vs. M/s. Fine Tubes

Dilip Hariramani Vs. Bank of Baroda

Himanshu Vs. B. Shivamurthy & Anr.

Himanshu Vs. B. Shivamurthy & Anr.

Please Log-in to view this content

Similar Documents

Ripudaman Singh Vs. Balkrishna

Mis. Rahul Builders Vs. M/s. Arihant Fertilizers and Chemical and Anr.

C.c. Alavi Haji Vs. Palapetty Muhammed and Anr

B. Sunitha Vs. The State of Telengana & Anr.

Suku Vs. Jagdish & Anr.

N. Harihara Krishnan Vs. J. Thomas

Kaushalya Devi Massand Vs. Roopkishore Khore

Raghu Lakshminarayanan Vs. M/s. Fine Tubes

Dilip Hariramani Vs. Bank of Baroda

Himanshu Vs. B. Shivamurthy & Anr.