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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