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september 2001

Supreme Court of India · 2001-09-17

Punjab & Sindh Bank vs Vinkar Sahakari Bank Ltd And Ors

Citation / case number
AIR 2001 SUPREME COURT 3641
Court
Supreme Court of India
Petitioner
Punjab & Sindh Bank
Respondent
Vinkar Sahakari Bank Ltd And Ors
Bench
K.T. Thomas, S.N. Variava

Judgment text excerpt

The Supreme Court held that a Pay Order can be classified as a cheque under Section 138 of the Negotiable Instruments Act, 1881, provided it meets the definition of a cheque as outlined in Section 6 of the Act. The Court found that the High Court erred in quashing the complaint on the grounds that the Pay Order was not a cheque and that the complainant was not a holder in due course. The appeal was allowed, reinstating the complaint against the drawer bank and its officials.

Punjab & Sindh Bank vs Vinkar Sahakari Bank Ltd And Ors · Niyam