Supreme Court · 2013 INSC 825 · Decided 11 December 2013
Kamlesh Kumar v. State of Bihar & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 825 · [2013] 12 S.C.R. 793
- Case number
- CRIMINAL APPEAL No. 2083/2013
- Decided
- 11 December 2013
- Bench
- K.S. RADHAKRISHNAN, A.K. SIKRI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138
Headnote
Negotiable Instruments Act, 1881: A 8 s. 138 - Dishonour of cheque - Legal notice not sent c within 30 days of the knowledge of such dishonor- Held: The right to present the same cheque for second time is available to complainant - However, period of limitation is not to be counted from the date in the first instance or the legal notice was issued o in that regard asmuchas the cheque was presented again - After the cheque is returned unpaid, notice has to be issued within 30 days of the receipt of information in this behalf- It is clear from the averment made by the complainant
Judgments are the courts' own published copies, provided for study; they are not certified copies. Source: Indian Supreme Court & High Court Judgments, Dattam Labs (CC-BY-4.0)