Supreme Court of India · 2000-09-06
Narsingh Das Tapadia vs Goverdhan Das Partani & Anr
- Citation / case number
- AIR 2000 SUPREME COURT 2946
- Court
- Supreme Court of India
- Petitioner
- Narsingh Das Tapadia
- Respondent
- Goverdhan Das Partani & Anr
- Bench
- K.T. Thomas, R.P. Sethi
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, a complaint can only be filed after the expiry of 15 days from the receipt of notice regarding dishonour of the cheque. The Court found that the High Court erred in dismissing the complaint as premature since the complaint was filed within the statutory period after the notice was served. The Court reinstated the conviction and sentence imposed by the Trial Court, emphasizing the importance of adhering to the procedural requirements set forth in the Act.