Supreme Court of India · 1998-03-02
M/S.MODI CEMENTS LTD vs KUCHIL KUMAR NANDI
- Citation / case number
- SC 1997/2463
- Court
- Supreme Court of India
- Petitioner
- M/S.MODI CEMENTS LTD
- Respondent
- KUCHIL KUMAR NANDI
- Author
- M.K. MUKHERJEE,S.P. KURDUKAR,K.T. THOMAS
- Bench
- M.K. MUKHERJEE,S.P. KURDUKAR,K.T. THOMAS
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the complaints under Section 138 of the Negotiable Instruments Act, 1981, as the appellant had established a prima facie case of dishonor of cheques due to 'payment stopped by the drawer'. The Court emphasized that the legal notice was duly served and the respondent failed to make payment within the stipulated period, thus fulfilling the requirements under Section 138. The appeals were allowed, and the High Court's order was set aside, reinstating the complaints.