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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