Supreme Court · 2019 INSC 649 · Decided 8 May 2019

Birendra Prasad Sah v. The State of Bihar & ANR.

Court
Supreme Court of India
Citation
2019 INSC 649 · [2019] 8 S.C.R. 702
Case number
CRIMINAL APPEAL No. 868/2019
Decided
8 May 2019
Bench
D.Y. CHANDRACHUD, HEMANT GUPTA (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; NI Act Section 138

Headnote

Code of Criminal Procedure, 1973: s.482 - Quashing of cognizance of offence taken under s.138 NI Act - Case of appellant was that on receipt of memo on 4.12.2015 from bank regarding dishonour of cheques issued in his favour by respondent, the appellant issued on 31.12.2015 - According to appellant, between 14.2.2016 and 23.2.2016, he made queries with the postal department but no proof of service was provided to him - Accordingly on 26.2.2016, he issued a second notice - This was replied by respondent on 2.3.2016 - Thereafter,

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