Supreme Court · 2000 INSC 436 · Decided 6 September 2000
Narsingh Das Tapadia v. Goverdhan Das Partani and ANR.
- Court
- Supreme Court of India
- Citation
- 2000 INSC 436 · [2000] SUPP. 3 S.C.R. 171
- Case number
- CRIMINAL APPEAL No. 752/2000
- Decided
- 6 September 2000
- Bench
- K.T. THOMAS, R.P. SETHI (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC; NI Act Section 138
Headnote
B Negotiable Instruments Act, I 881 : Sections I 38(C)-Proviso and I 42. Cheque-Dishonour-Notice for repayment served on 26.10.1994- Complaint under Section 138 filed on 8.J/.1994-Complaint returned as C defective-Complaint refiled and Court took cognizance on 17. l I. 1994- Conviction by trial was pre-mature-Appeal · before Supreme Court-Held High Court erred in holding that complaint was. liable to be dismissed as pre-mature-Accused having paid the entire D amount sentence of imprisonment substituted with that of fine. Criminal trial-Court-Taking cognisance of
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