Supreme Court · 2008 INSC 1216 · Decided 23 October 2008
S.L. Construction & ANR. v. Alapati Srinivasa Rao & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 1216 · [2008] 15 S.C.R. 51
- Case number
- CRIMINAL APPEAL No. 1761/2008
- Decided
- 23 October 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; NI Act Section 138, 142
Headnote
Code of Criminal Procedure, 1973: s.482 - Petition seeking to quash criminal proceedings ulss 138 and 142 of Negotiable Instruments Act - Dismissed c by High Court - HELD: Cheque was presented for third time within the stipulated .oeriod - What is prohibited is presentation of cheque after and not the number of times it is presented- The term 'cause of action' would mean D each of the facts required to be proved - The first notice having not been served and the second notice having been withdrawn in terms of the reply of the defaulters themselves, the complainant cannot be said to
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