Supreme Court · 2001 INSC 5 · Decided 4 January 2001
Rajneesh Aggarwal v. Amit J. Bhalla
- Court
- Supreme Court of India
- Citation
- 2001 INSC 5 · [2001] 1 S.C.R. 54
- Case number
- CRIMINAL APPEAL No. 10/2001
- Decided
- 4 January 2001
- Bench
- G.B. PATTANAIK, U.C. BANERJEE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482, 202; NI Act Section 138, 141
Headnote
Negotiable Instruments Act, 1881: Sections 138 and 141. Dishonour of cheque-Notice-Issuance of-Cheque issued by company C and signed by its Direclor-Notice issued to Director in his individual capacif)' and no! to !he compan)~l'a/idi!y of-Held: No/ice cannot be construed in a narrow and Jee/mica/ signed !he cheque-Hence, High Court erred in quashing the complaint for want of notice to the D company: Dishonour of cheque-Cause of action-Arising of-Held: Mere dishonour of cheque does not raise a cause of action-Cause of action arises when payee makes a demand for payment and the dra11'er
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