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january 2001

Supreme Court of India · 2001-01-19

M/S. DALMIA CEMENT(BHARAT) LTD. vs M/S. GALAXY TRADES & AGENCIES LTD.

Citation / case number
SC 2000/6568
Court
Supreme Court of India
Petitioner
M/S. DALMIA CEMENT(BHARAT) LTD.
Respondent
M/S. GALAXY TRADES & AGENCIES LTD.
Author
R.P.SETHI,, K.T.THOMAS
Bench
R.P.SETHI,, K.T.THOMAS

Judgment text excerpt

The Supreme Court held that the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 was not barred by limitation as the appellant had filed it within the statutory period following the second dishonour of the cheque. The Court emphasized that the statutory notice issued after the second dishonour was crucial in determining the timeline for filing the complaint. The High Court's quashing of the complaint was overturned, affirming the importance of strict liability in commercial transactions under the Act.

M/S. DALMIA CEMENT(BHARAT) LTD. vs M/S. GALAXY TRADES & AGENCIES LTD. · Niyam