Supreme Court · 2007 INSC 1271 · Decided 12 December 2007
Anil Kumar Goel v. Kishan Chand Kaura
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1271 · [2007] 13 S.C.R. 313
- Case number
- CRIMINAL APPEAL No. 1704/2007
- Decided
- 12 December 2007
- Bench
- ARIJIT PASAYAT, AFTAB ALAM (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 245, 482; NI Act Section 138, 142(b), 142
Headnote
B Negotiable Instruments Act, 1881 --ss. 138 and 142 (b) proviso - Insertion of proviso to s. 142 (b) in 2002 extending the limitation period - On facts, successive presentation of dishonoured cheque c by payee - Events taking place much prior to 2002 - Complaint under section 138 - payee did not take such plea - Thus, order of High Court that complaint u/ s 138 maintainable on the ground that proviso to s. 142 (b), D empowered the court to extend the limitation period on sufficient -- I cause being shown, set aside - Proceedings pursuant to the complaint quashed. Appellant
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