Supreme Court of India · 2001-07-17
M/S. UNIPLAS INDIA LTD. vs STATE (GOVT. OF N.C.T. DELHI)
- Citation / case number
- SC 2001/5568
- Court
- Supreme Court of India
- Petitioner
- M/S. UNIPLAS INDIA LTD.
- Respondent
- STATE (GOVT. OF N.C.T. DELHI)
- Bench
- K.T. THOMAS & R.P
Judgment text excerpt
The Supreme Court upheld the conviction under Section 138 of the Negotiable Instruments Act, ruling that a notice issued under Section 434 of the Companies Act does not suffice as a notice under Section 138. The Court clarified that the statutory notice dated 12.03.1996 was valid, and the complaint filed on 11.04.1996 was within the limitation period. The Court rejected the appellants' argument that the prior notice negated the second presentation of the cheque, affirming the trial court's and High Court's decisions.