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september 2001

Supreme Court of India · 2001-09-17

PUNJAB & SIND BANK vs VINKAR SAHAKARI BANK LTD. .

Citation / case number
SC 2000/10134
Court
Supreme Court of India
Petitioner
PUNJAB & SIND BANK
Respondent
VINKAR SAHAKARI BANK LTD. .
Author
S.N. VARIAVA K.T. THOMAS
Bench
S.N. VARIAVA K.T. THOMAS

Judgment text excerpt

The Supreme Court addressed the issue of whether a Pay Order qualifies as a cheque under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the Pay Order in question does not meet the definition of a cheque as outlined in Section 6 of the Act, which requires it to be a bill of exchange drawn on a specified banker. Consequently, the Court upheld the High Court's decision to quash the complaint filed by Punjab & Sindh Bank, affirming that the complainant lacked locus standi as it was not a holder in due course under Section 50 of the Act.

PUNJAB & SIND BANK vs VINKAR SAHAKARI BANK LTD. . · Niyam