Supreme Court · 2001 INSC 288 · Decided 11 July 2001

Hiten P. Dalal v. Bratindranath Banerjee

Court
Supreme Court of India
Citation
2001 INSC 288 · [2001] 3 S.C.R. 900
Case number
CRIMINAL APPEAL No. 688/1995
Decided
11 July 2001
Bench
B.N. KIRPAL, RUMA PAL, BRIJESH KUMAR (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
Evidence Act Section 3, 114; NI Act Section 118, 138, 139

Headnote

Special Court (Trial of Offences relating to Transactions in Securities) Act, 1992-Section 3(2)-Special Court set up for trial of offences committed C between 1.4.1991 and 6.6.1992-Cheques issued between December 1991 and March 1992-Dishonour of the cheques for insuffi~iency of funds­ period relates to transaction in securities and not to offences-Hence, Special Court has jurisdiction since the issuance of cheques is within the statuto1y period. D Negotiable Instruments Act, 1881-Sections 118, 138 and 139- Presumption of liability-Dishonour of cheques issued by

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