Supreme Court · 2008 INSC 890 · Decided 1 August 2008
Subodh S. Salaskar v. Jayprakash M. Shah & ANR.
- Court
- Supreme Court of India
- Citation
- 2008 INSC 890 · [2008] 11 S.C.R. 681
- Case number
- CRIMINAL APPEAL No. 1190/2008
- Decided
- 1 August 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Allowed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 420; CPC; Evidence Act Section 114; NI Act Section 138, 142
Headnote
Negotiable Instruments Act, 1881; Ss. 138 and 142 with proviso to clause (b) of s. 142 inserted by Amendment Act, 2002: c ... Dishonour of Cheque - Delay in filing complaint - Held: - Ex-facie complaint was barrf?d by limitation - However, no application for condonation of delay was filed - Though in fifing complaint after expiry of period . of limitation conferred upon the Court in terms of proviso to D ~ clause (b) of s. 142 but it could not have been given retro- spective effect - Courts below erred in applying the proviso to the facts of the instant case - Direction to issue summons
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