Supreme Court of India · 1998-08-28
SADANANDAN BHADRAN vs MADHAVAN SUNIL KUMAR
- Citation / case number
- SC 1992/84102
- Court
- Supreme Court of India
- Petitioner
- SADANANDAN BHADRAN
- Respondent
- MADHAVAN SUNIL KUMAR
- Author
- M.K. MUKHERJEE
- Bench
- D.P. WADHWA M.K. MUKHERJEE
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, a payee can initiate prosecution for dishonour of a cheque on multiple occasions, establishing that each dishonour gives rise to a fresh cause of action. The Court overruled the previous interpretation that limited prosecution to only the first dishonour, clarifying that the payee is entitled to file a complaint for each instance of dishonour within the cheque's validity period. The appeal was allowed, reversing the acquittal of the respondent.