Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1881: s.138 proviso (b) Negotiable Instruments Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Negotiable Instruments Act, 1881:s.138, proviso (b) - Dishonour of cheque - Complaint petition - Maintainability of, when no specific demand made in notice for payment of amount covered by cheque - Held: Not maintainable since service of notice not in conformity with proviso (b) to s.138 - Also the section does not speak of 15 days' notice - In absence of such stipulation, it cannot be held to be so contemplated - Notice - Interpretation of statutes.Interpretation of statutes: Proviso - Applicability of - Held: When proviso applies, main section would not. Appellant and Respondent No.1 entered into a contract. Appellant submitted bills for execution of contractual work for Rs. 26.46 lacs. Respondent No.1 paid Rs.17.74 lacs. Balance of Rs. 8.72 lacs was outstanding. Respondent No.1 issued a cheque for Rs. 1 lac in favour of appellant which on presentation was dishonoured on the ground that Respondent No.1 had closed its account with the Bank.Appellant sent letter dated 31.10.2000 to Respondent No.1 requesting to make payment of pending bills within 10 days. Respondent No.1 did not make payment. Appellant filed complaint petition on 11.12.2000. The High Court quashed the proceedings holding that 15 days' notice having not been served upon Respondent No.1, the same was not valid in law and that the notice was vague and did not serve the statutory requirements of Provisos (b) and (c) of s.138 of the Negotiable Instruments Act, 1881. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 1129 |
Petitioner | Mis. Rahul Builders |
Respondent | M/s. Arihant Fertilizers And Chemical And Anr. |
SCR | [2007] 11 S.C.R. 951 |
Judgement Date | 2007-11-02 |
Case Number | 525 |
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