Supreme Court · 1998 INSC 149 · Decided 22 March 1998
Modi Cements LTD. v. Shri Kuchil Kumar Nandi
- Court
- Supreme Court of India
- Citation
- 1998 INSC 149 · [1998] 1 S.C.R. 1192
- Case number
- CRIMINAL APPEAL No. 244/1998
- Decided
- 22 March 1998
- Bench
- M.K. MUKHERJEE, S.P. KURDUKAR, K.T. THOMAS (3-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 139
Headnote
c Criminal Law : Negotiable Instruments Act, 1881 : Sections 138 and 139-Dishonour of cheque-Complaint against­ Cognizance of-By Metropolitan Magistrate-Drawer of cheque issued "stop payment" instructions to his back prior to presentation of cheque-High Court quashed complaint under under S. 138-Such liability cannot be avoided even by giving notice to the payee or holder in due course, prior to presentation of the cheque, not to present the cheque but he presents it and the cheque is returned pursuant to "stop payment" instructions-Decision to that effect in
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