Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1881 : Sections 138 and 142 Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Negotiable Instruments Act, 1881 (26 of 1881) |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Criminal Law :Negotiable Instruments Act, 1881 : Sections 138 and 142.Cheque--Dishonour of-Non-payment-Filing of complaint-Cause of action-Arising of-Held : Cause of action arises only once-A fresh cause of action would not arise on each presentation of cheque and its dishonour-A cheque can be presented any number of times during its period of validity-But once notice is issued and payment not received within 15 days D of the receipt of the notice, payee has to avail that very cause of action and file complaint-Compliant has to be filed order S. 142(b) within one month immediately foil owing the day on which the period of 15 days from the date of receipt of the first Notice by the drawer expires.Words and Phrases :"Came of action''-Meaning of-In the context of S. 142(b) of the Negotiable Instruments Act, 1881.The Respondent handed over a cheque to the appellant in liquidation of the appellant's loan. The cheque was dishonoured for want of sufficient funds. The appellant then sent a lawyer's notice to the respondent calling upon him to pay the amount. The respondent requested more time to pay the amount. Therefore, the appellants did not proceed further. As the respondent did not keep up his promise the appellant presented the cheque once again. This time also the cheque was dishonoured for want of sufficient funds. The appellant sent another notice to the respondent demanding the payment, but the respondent failed to make the payment. The appellant then filed a complaint against the respondent under Section 138 of the Negotiable Instruments Act, 1881. After entering appearance at the trial the respondent contended that the complaint was not maintainable, as there could not be more than one cause of action in respect of a single cheque. The Magistrate accepted this contention and the respondent was acquitted. The High Court upheld the order of the Magistrate. Hence this appeal. |
Judge | Hon'ble Mr. Justice M.K. Mukherjee |
Neutral Citation | 1998 INSC 326 |
Petitioner | Sadanandan Bhadran |
Respondent | Madhavan Sunil Kumar |
SCR | [1998] Supp. (1) S.C.R. 178 |
Judgement Date | 1998-08-28 |
Case Number | 589 |
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