Supreme Court · 1999 INSC 465 · Decided 7 October 1999

Central Bank of India and ANR. v. Saxons Farms and ORS.

Court
Supreme Court of India
Citation
1999 INSC 465 · [1999] SUPP. 3 S.C.R. 534
Case number
CRIMINAL APPEAL No. 1056/1999
Decided
7 October 1999
Bench
G.T. NANAVATI, S.N. PHUKAN (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
CrPC Section 482; NI Act Section 138

Headnote

Criminal Law : Negotiable lnstrnments Act, 1881 : Section 138 proviso, clause (b ). c ' Notice-Object of-Last line of notice stated : "Kindly arrange to make the payment .... ''-Held : Object of notice is to give a chance to the drawer of the cheque to rectify his omission and also to protect has to be made-Last line of the notice is clear demand for payment-Hence, High D Court e"ed in overlooking this demand for payment and in quashing the complaint under S.482 Cr.P.C.--Criminal Procedure Code, 1973, S.482. Notice-Requirements of-Held: (i) Should be in writin~ (ii) Should be

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