Real judgements, distilled

Legal Case Shots

Court judgements broken down into the case type, how the decision played out, and the lesson worth remembering, with the full judgement available as a PDF.

Frequently asked questions

Is this suitable for use in legal research and court filings?+

Legal Case Shots is built to help you quickly identify and understand relevant precedent. For citation in pleadings or filings, always verify against the full judgment PDF and current citation format (e.g., 2026 INSC ___).

How is a "lesson learnt" different from the judgment's holding?+

The holding is what the court legally decided. The lesson learnt translates that into a practical takeaway: what a lawyer should factor into case strategy or client advice as a result of this precedent.

Is the full judgment available, or just a summary?+

Both. Each case shows a distilled summary (case type, key holding, and lesson learnt) and links to the full judgment as a PDF for when you need the complete text for research or citation.

Can I filter judgments by date or case type?+

Yes. Use Advanced Filters to narrow results by decision date and by practice area, including Constitutional Law, Criminal Law, Service & Administrative Law, Family Law, Civil Property & Inheritance, and Labour & Industrial Law.

Can I search judgments by a specific judge?+

Yes. You can filter judgments by the judge or bench that decided the case, which is useful for tracking how a particular judge has reasoned on similar issues across multiple rulings.

What is Legal Case Shots?+

Legal Case Shots is a searchable database of Supreme Court of India judgments, each broken down into the case type, the court's key holding, and a practical lesson learnt, with the full judgment available as a PDF for citation or deeper reading.

Criminal LawSupreme Court of India

Himanshu v. B. Shivamurthy

Criminal Appeal · 2019 INSC 53Decided 17 Jan 2019
Criminal Appeal No. 1465 of 2009
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

A cheque for Rs. 4,15,000 issued by the appellant, a Director of a public limited company, signing on the company's behalf, was dishonoured for insufficient funds, and the complainant filed a criminal complaint under Section 138 of the Negotiable Instruments Act against the appellant personally, without naming the company itself as an accused. The appellant's plea before the Karnataka High Court that the complaint was not maintainable without arraigning the company was rejected, and he challenged that rejection before the Supreme Court.

Decision Breakdown

Relying on the three-judge bench decision in Aneeta Hada vs. Godfather Travels, the Supreme Court held that prosecuting a signatory under Section 138 without first arraigning the company as an accused is not maintainable in law, since vicarious liability under Section 141 is conditional on the company itself being proceeded against. It also found that a notice of demand had been served only on the appellant, not the company, and the complaint was accordingly quashed. The Court separately noted that the appellant had, during the proceedings, voluntarily deposited the entire cheque amount in court, and directed that this deposited sum (with interest) be paid over to the complainant despite quashing the criminal case.

Lesson Learnt

A cheque-bounce prosecution under Section 138 of the NI Act against a company's director or signatory cannot proceed unless the company itself is also made an accused: complainants must name the company, not just the individual who signed the cheque.

Himanshu v. B. Shivamurthy – Legal Case Shots | LegalAware