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march 1998

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.

M/S.MODI CEMENTS LTD vs KUCHIL KUMAR NANDI · Niyam