Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dishonour of cheque ex-parte order |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881 - s. 138 - Code ofCivil Procedure, 1908- Order IX r.13 - Dishonour of chequeof amount Rs.2,50,0001- - On the ground of 'stop payment'instruction - Complaint uls. 138 of Negotiable Instruments Act- Petition u/s. 482 - High Court quashed the complaint andthe consequential proceedings, by ex-parte order -Application for recall of the ex-parte order dismissed -Present appeals against the order dismissing the applicationfor recalling the ex-parte order and also against the ex-parteorder - Held: Appeal against the order in application forrecalling the ex-parte order is devoid of merit as the applicantfailed to offer sufficient cause for his non-appearance on thedate when the complaint was quashed - The appeal againstthe ex-parte order is liable to be dismissed on the ground ofdelay as well as on merit - However, in the interest of equity,justice and fair play, direction to make payment to thecomplainant for a sum of Rs.5 lakhs, which would be treatedas an overall amount including interest and compensationtowards the cheque for which 'stop payment 'instruction wasissued. |
Judge | N/A |
Neutral Citation | 2013 INSC 602 |
Petitioner | Lafarge Aggregates & Concrete India P. Ltd |
Respondent | Sukarsh Azad & Anr |
SCR | [2013] 11 S.C.R. 74 |
Judgement Date | 2013-09-10 |
Case Number | 1941 |
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