Bijoy Kumar Moni vs Paresh Manna
Judges (2)
Parties (2)
Case Significance
Bijoy Kumar Moni vs Paresh Manna is a Supreme Court of India decision dated December 20, 2024 (citation: insc-2024-1024). The Supreme Court dismissed the appeal under Section 138 of the Negotiable Instruments Act involving a dishonoured cheque of Rs. 7 lakhs. The key issue was whether an authorized signatory of a company falls within the expression 'drawer' under Section 138 and the scope of 'on an account maintained by him.' Though the Court could not convict the accused under Section 138 as the cheque was drawn on the company's account, it noted prima facie mens rea for cheating and left it open to the complai The bench comprised Justices J.B. Pardiwala and R. Mahadevan. The judgment was delivered by Justice J.B. Pardiwala.
Summary
The Supreme Court dismissed the appeal under Section 138 of the Negotiable Instruments Act involving a dishonoured cheque of Rs. 7 lakhs. The key issue was whether an authorized signatory of a company falls within the expression 'drawer' under Section 138 and the scope of 'on an account maintained by him.' Though the Court could not convict the accused under Section 138 as the cheque was drawn on the company's account, it noted prima facie mens rea for cheating and left it open to the complainant to file an FIR.
What was the outcome of Bijoy Kumar Moni vs Paresh Manna?
The Supreme Court dismissed the appeal under Section 138 of the Negotiable Instruments Act involving a dishonoured cheque of Rs. 7 lakhs. The key issue was whether an authorized signatory of a company...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-1024)