Supreme Court · 2003 INSC 153 · Decided 7 March 2003
Goaplast PVT. LTD. v. Shri Chico Ursula Dsouza and ANR.
- Court
- Supreme Court of India
- Citation
- 2003 INSC 153 · [2003] 2 S.C.R. 712
- Case number
- CRIMINAL APPEAL No. 315/2003
- Decided
- 7 March 2003
- Bench
- M.B. SHAH, ARUN KUMAR (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138
Headnote
Negotiable Instruments Act, I 881-Sections I 38, I 39 and Chapter XVI/­ Post dated cheques-Payment of-Countermanding payment of the same­ Whether would attract the penal provision of Section I 38-Held, once a cheque C is issued a presumption under Section I 39 must follow-Jn yiew of the preclude an action .under Section I 38. Post dated cheques were issued and before the due date of payment, instructions were issued to the drawee bank to stop their payment by D person issuing the cheque. Respondent filed complaint under Section 138 of Negotiable Instruments Act, 1881. The
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