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.