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april 1999

Supreme Court of India · 1999-04-29

NEPC MICON LTD. vs MAGMA LEASING LTD.

Citation / case number
SC 1998/16139
Court
Supreme Court of India
Petitioner
NEPC MICON LTD.
Respondent
MAGMA LEASING LTD.
Author
M.B.SHAH K.T.THOMS
Bench
M.B.SHAH K.T.THOMS

Judgment text excerpt

The Supreme Court held that the dishonor of a cheque due to the account being closed does not constitute an offense under Section 138 of the Negotiable Instruments Act, 1881. The Court emphasized that Section 138 only applies when the cheque is dishonored due to insufficient funds or exceeding the arrangement with the bank. The appeal was allowed, quashing the proceedings initiated against the appellants, as the complaint did not disclose an offense under the specified section.

NEPC MICON LTD. vs MAGMA LEASING LTD. · Niyam