Supreme Court · 2007 INSC 1038 · Decided 11 October 2007
M/S. Sara V Investment & Financial Consultants PVT. LTD. and ANR. v. Llyods Register of Shipping Indian Office Staff Provident Fund and ANR.
- Court
- Supreme Court of India
- Citation
- 2007 INSC 1038 · [2007] 10 S.C.R. 1110
- Case number
- CRIMINAL APPEAL No. 1424/2007
- Decided
- 11 October 2007
- Bench
- S.B. SINHA, H.S. BEDI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138
Headnote
c Negotiable Instruments Act; S. I 38 and Proviso (b) and (c): Dishonour of cheques-Complaint-Service of Notice- Requirements of-Held: S. I 38 of the Act contains a penal provision- Since the provision provides for a severe penalty, it warrants a strict D construction-Service requirement for initiation of criminal proceeding-In terms of the provision, a Complaint Petition A could be filed for commission of an offence by a drawee of cheque only fifteen days after the service of the notice to that effect-Complaint of notice required to be communicated to the
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