MILIND SHRIPAD CHANDURKAR versus KALIM M. KHAN & ANR.

MILIND SHRIPAD CHANDURKAR versus KALIM M. KHAN & ANR.

Appellant failed to produce any documentary evidence proving proprietorship of payee firm, thus lacked locus standi to file complaint under Section 138; complaint not maintainable.

Parties
Appellant/complainant: Milind Shripad Chandurkar; Respondent No.1/accused: Kalim M. Khan; Respondent No.2: State of Maharashtra
Jurisdiction
India
Judgment Date
03 March 2011
Procedural Posture
Criminal Appeal / Supreme Court Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Dishonour of Cheque, Locus Standi, Section 138 Proceedings
Negotiable Instruments Criminal Law Dishonour of Cheque Locus Standi Section 138 Proceedings

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Parties

Milind Shripad Chandurkar

Appellant/complainant

Kalim M. Khan

Respondent No.1/accused

State of Maharashtra

Respondent No.2

Procedural Posture

Criminal Appeal / Supreme Court Appeal From High Court Decision

Legal Issues

  1. 1 Whether appellant had locus standi to file complaint under Section 138 of Negotiable Instruments Act as proprietor of 'payee' firm

Ratio Decidendi

Appellant failed to produce any documentary evidence proving proprietorship of payee firm, thus lacked locus standi to file complaint under Section 138; complaint not maintainable.

Court Disposition

Appeal dismissed

Orders

  • No interference with impugned judgment and order of the High Court
  • Appeal is devoid of merit and dismissed