Supreme Court · 2012 INSC 424 · Decided 26 September 2012

MSR Leathers v. S. Palaniappan & ANR.

Court
Supreme Court of India
Citation
2012 INSC 424 · [2012] 9 S.C.R. 165
Case number
CRIMINAL APPEAL No. 261/2002
Decided
26 September 2012
Bench
RAJENDRA MAL LODHA, T.S. THAKUR, ANIL R. DAVE (3-judge bench)
Outcome
Reference answered
Case type
Criminal
Acts & sections cited
CPC; NI Act Section 138

Headnote

Negotiable Instruments Act, 1881 - s. 138 - Dishonour A B of cheque - Prosecution based upon second or successive dishonour - When no prosecution initiated on first dishonour C - Whether permissible - Held: In view of s. 138 and the object underlying therein, the prosecution based on second or of cheque is permissible even when no prosecution was initiated pursuant to first default - Even the legislative intention was not to impose such D restriction - So Jong as the cheque remains unpaid within its validity period and condition precedent for prosecution in terms of proviso to s.

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