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august 2001

Supreme Court of India · 2001-08-14

M/S. Munoth Investments Ltd vs M/S. Puttukola Properties Ltd. & Anr

Citation / case number
AIR 2001 SUPREME COURT 2752
Court
Supreme Court of India
Petitioner
M/S. Munoth Investments Ltd
Respondent
M/S. Puttukola Properties Ltd. & Anr
Bench
S.N.Phukan, M.B.Shah

Judgment text excerpt

The Supreme Court held that under Section 138(b) of the Negotiable Instruments Act, 1881, the fifteen-day notice period for the payee to demand payment begins from the receipt of information regarding the cheque's return as unpaid. The Court found that the High Court erred in quashing the complaint without considering evidence that the complainant was informed of the dishonour only on 17th January 1994 due to Pongal holidays. Consequently, the Supreme Court set aside the High Court's order and directed the trial court to proceed with the case as per law.

M/S. Munoth Investments Ltd vs M/S. Puttukola Properties Ltd. & Anr · Niyam