VidhiSangh

Supreme Court of India · 01/01/2025

M/S NARESH POTTERIES versus M/S AARTI INDUSTRIES AND ANOTHER

[2025] 1 S.C.R. 40 · 2025 INSC 1

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Summary

The Supreme Court set aside a High Court order quashing a cheque-dishonour complaint filed by a proprietary firm through its manager holding a letter of authority. The complaint was in the payee's name, and the letter of authority and affidavits sufficiently asserted the manager's authority and personal knowledge; any dispute on authorisation or knowledge is a matter for trial, not a ground for quashing under Section 482 Cr.P.C.

Issues

  1. Whether a complaint under Section 138 of the Negotiable Instruments Act filed in the name of the payee firm through its manager, as holder of a letter of authority from the sole proprietor, satisfied Section 142 of the Act.
  2. Whether the High Court was justified in quashing the summoning order under Section 482 Cr.P.C. on the ground that the authority holder's personal knowledge of the transaction was not specifically pleaded.

Provisions considered

Held

Result

Appeal allowed; the High Court's order quashing the summoning order and complaint set aside; the complaint restored to the file of the Additional Chief Judicial Magistrate, Khurja, Bulandshahar, to be decided on its merits; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 40.