Step 1
Enter your contact details.
AIR 2014 SUPREME COURT 660
::2014 AIR SCW 306
Supreme Court Of India
(From : Patna)
Hon'ble Judge(s):
K. S. Radhakrishnan,
A. K. Sikri
, JJ
Negotiable Instruments Act (26 of 1881) , S.138, S.142(b)— Dishonour of cheque - Complaint - Limitation - Cheque presented for second time and was returned unpaid - Legal notice for @page-SC661demand was not issued within thirty days from date of receipt of information from bank regarding return of cheque as unpaid - Act of complainant in presenting cheque again for encashment though cannot be questioned - But non-issuance of demand notice within time prescribed would render complaint as not maintainable - Refusal to quash proceedings hence, not proper. Criminal P.C. (2 of 1974) , S.482— In the present case, cheque was presented, second time, on 10-11-2008. The complainant, however, sent the legal notice on 17-12-2008 i.e. much after the expiry of the 30 days. It is clear from the complaint filed by the complainant himself that he had gone to the bank for encashment of the cheque on 10-11-2008 but the cheque was not honoured due to the unavailability of the balance in the account. As per the appellant the complainant received the information about the dishonour of the cheque on 10-11-2008. However, the respondent has disputed the same. It is, thus, clear from the aforesaid averment made by the complainant himself that he had gone to the bank for encashing the cheque on 10-11-2008 and found that because of unavailability of sufficient balance ....
Buy and Download By Entering Following Details (Worth /-)
Step 2
Enter your payment details
J
