Supreme Court · 2001 INSC 37 · Decided 19 January 2001
Dalmia Cement (Bharat) LTD. v. M/S. Galaxy Traders and Agencies LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2001 INSC 37 · [2001] 1 S.C.R. 461
- Case number
- CRIMINAL APPEAL No. 957/2000
- Decided
- 19 January 2001
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 142
Headnote
B Negotiable Instruments Act, 1881: Sections 138 and 142. Dishonour of cheque-Statutory notice demanding payment issued to drawer of cheque-But drawer denied receipt of notice-Cheque deposited C again for encashment but dishonoured-Second statutory notice demanding payment issued to drawer-As no from second notice-Drawer did not deny receipt of second notice-However, High Court quashed the complaint as it was barred by limitation calculated from first notice-Correctness of-Held: D Drawer tried to blow hot and cold denying receipt of first notice of dishonour and praying or dismissal
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