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august 1998

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.

SADANANDAN BHADRAN vs MADHAVAN SUNIL KUMAR · Niyam