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october 1996

Supreme Court of India · 1996-10-08

K.K.SIDHARTAN vs T.P.PRAVEEN CHANDRAN .

Citation / case number
SC 1995/18047
Court
Supreme Court of India
Petitioner
K.K.SIDHARTAN
Respondent
T.P.PRAVEEN CHANDRAN .
Author
B.L. HANSARIA G.N. RAY
Bench
B.L. HANSARIA G.N. RAY

Judgment text excerpt

The Supreme Court addressed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and Section 420 IPC, regarding the dishonor of two cheques due to insufficient funds. The Court held that the appellant's argument of having issued a stop payment instruction was valid, as evidence showed sufficient funds were available at the time of presentation. Consequently, the Court quashed the complaint, establishing that dishonor due to stop payment does not attract Section 138 if sufficient funds exist.

K.K.SIDHARTAN vs T.P.PRAVEEN CHANDRAN . · Niyam