Supreme Court of India · 2003-12-05
T.K. Koya vs K. Devaraj
- Citation / case number
- AIRONLINE 2003 SC 185
- Court
- Supreme Court of India
- Petitioner
- T.K. Koya
- Respondent
- K. Devaraj
- Author
- D.M. Dharmadhikari
- Bench
- D.M. Dharmadhikari
Judgment text excerpt
The Supreme Court held that the High Court's quashing of the complaint under Section 138 of the Negotiable Instruments Act, 1881 was unwarranted as the complainant had adequately stated the facts regarding the dishonor of cheques and the issuance of a legal notice. The Court clarified that the requirement for the complainant to explicitly state non-payment by the accused was met through the complaint and pre-summoning statement. Consequently, the Supreme Court set aside the High Court's order, allowing the appeal and remitting the complaint to the Magistrate for further proceedings.