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september 2000

Supreme Court of India · 2000-09-06

NARSINGH DAS TAPADIA vs GOVERDHAN DAS PARTANI & ANR.

Citation / case number
SC 1999/60560
Court
Supreme Court of India
Petitioner
NARSINGH DAS TAPADIA
Respondent
GOVERDHAN DAS PARTANI & ANR.
Author
R.P. SETHI. K.T. THOMAS
Bench
R.P. SETHI. K.T. THOMAS

Judgment text excerpt

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, a complaint must be filed within one month of the cause of action arising, which is defined as the expiry of 15 days from the receipt of notice of dishonour. The Court found that the High Court erred in dismissing the complaint as premature since the complaint was filed after the requisite notice period. The Court reinstated the conviction and sentence imposed by the Trial Court, emphasizing the importance of adhering to statutory timelines in cheque dishonour cases.

NARSINGH DAS TAPADIA vs GOVERDHAN DAS PARTANI & ANR. · Niyam