Supreme Court · 2001 INSC 107 · Decided 22 February 2001

Shri Ishar Alloy Steels LID. v. Jayaswals Neco LTD.

Court
Supreme Court of India
Citation
2001 INSC 107 · [2001] 2 S.C.R. 36
Case number
CRIMINAL APPEAL No. 219/2001
Decided
22 February 2001
Bench
K.T. THOMAS, R.P. SETHI, B.N. AGRAWAL (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NI Act Section 138

Headnote

Negotiable Instruments Act, 1881 : Section 138 Cheque-Dishonour of-Presentation-Within period of validity-At pay­ ee's or drawer's bank-Criminal liability-Cheque presented to payee's bank returned unpaid-Cheque again presented to same bank within 6 months but reached drawer's bank after 6 magistrate-Notice issued-On Revision application, Sessions court held no offence made out as the cheque was presented after 6 months­ However, High Court held that offence was made out as the cheque was presented to payee's bank within 6 months-Correctness of-Held: To attract criminal

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