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september 2000

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.

Narsingh Das Tapadia vs Goverdhan Das Partani & Anr · Niyam