Supreme Court · 2000 INSC 97 · Decided 23 February 2000
Kusum Ingots and Alloys LTD. v. Pennar Peterson Securities LTD. and ORS.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 97 · [2000] 1 S.C.R. 1120
- Case number
- CRIMINAL APPEAL No. 212/2000
- Decided
- 23 February 2000
- Bench
- K.T. THOMAS, D.P. MOHAPATRA (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution Article 127; NI Act Section 138
Headnote
Criminal Law : Negotiable Instruments Act, 188I : C Section 138--lngredients of-Dishonour of cheque-Criminal proceed- ing~~Against sick company and its directors-Maintainability of-Cheques issued by company dishonoured-But before completion of offence under S.138 drawer company was declared sick if the ingredients of S.138 are made D out-However, if a ban order regarding deposal of assets of the company is passed by BIFR under S.22 of SICA before the date of drawal of cheque or before expiry of notice period under Cl.(b) of proviso to S.I38, offence under S.138 not completed-Hence,
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