ASOK KUMAR GANGULY, JAGDISH SINGH KHEHAR
JIK Industries Limited – Appellant
Versus
Amarlal V. Jumani – Respondent
JUDGMENT
Ganguly, J.
1. Leave granted.
2. This group of appeals were heard together as they involve common questions of law. There are some factual differences but the main argument by the appellant(s) in this matter was advanced by Mr. Chander Uday Singh, Senior Advocate on behalf of the Sharp Industries Limited in SLP (Crl.) No.6643-6651 of 2010 and the facts are taken mostly from the said case.
3. The learned counsel assailed the judgment of the High Court wherein by a detailed judgment High Court dismissed several criminal writ petitions which were filed challenging the processes which were issued by the learned Trial Judge on the complaint filed by the respondents in proceedings under Section 138 read with Section 141 of Negotiable Instruments Act, 1881 (hereinafter ‘N.I. Act’). By way of a detailed judgment, the High Court after dismissing the writ petitions held that sanction of a scheme under Section 391 of the Companies Act, 1956 (hereinafter ‘Companies Act’) does not amount to compounding of an offence under Section 138 read with Section 141 of the N.I. Act. The High Court also held that sanction of a scheme under Section 391 of the Companies Act will not have the effect
Raghubar Dayal vs. The Bank of Upper India Ltd. reported in AIR 1919 P.C. 9
S.K. Gupta and another vs. K.P. Jain and another , 1979 (3) SCC 54
Miheer H. Mafatlal vs. Mafatlal Industries Ltd. reported in AIR 1997 SC 506
Hindustan Lever and another vs. State of Maharashtra and another (2004) 9 SCC 438
Shivanand Gaurishankar Baswanti vs. Laxmi Vishnu Textile Mills and others (2008) 13 SCC 323
Kaushalya Devi Massand vs. Roopkishore Khore , (2011) 4 SCC 593
Mandvi Cooperative Bank Limited vs. Nimesh B. Thakore reported in (2010) 3 SCC 83
Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663
Hira Lal Hari Lal Bhagwati vs. CBI, New Delhi , (2003) 5 SCC 257
Nikhil Merchant vs. Central Bureau of Investigation and another , (2008) 9 SCC 677
ICICI Bank Ltd. vs. Sidco Leathers Ltd. and Ors. - (2006) 10 SCC 452
Madhav Rao Scindia Bahadur, etc. vs. Union of India and Another , (1971) 1 SCC 85
Central Bank of India vs. State of Kerala and others , (2009) 4 SCC 94
Khatri and Ors. etc. Vs. State of Bihar and Ors. - AIR 1981 SC 1068
Vinay Devanna Nayak vs. Ryot Sewa Sahakari Bank Limited reported in (2008) 2 SCC 305
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.