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.