Supreme Court of India · 2005-05-02
Prem Chand Vijay Kumar vs Yashpal Singh And Anr
- Citation / case number
- AIRONLINE 2005 SC 83
- Court
- Supreme Court of India
- Petitioner
- Prem Chand Vijay Kumar
- Respondent
- Yashpal Singh And Anr
- Author
- Arijit Pasayat
- Bench
- Arijit Pasayat, S.H. Kapadia
Judgment text excerpt
The Supreme Court held that the Punjab and Haryana High Court erred in quashing the proceedings under Section 138 of the Negotiable Instrument Act, 1881, stating that the requirements of Section 142 were not met. The Court clarified that the period of limitation for filing the complaint should be reckoned from the date of the respondents' reply to the legal notice, thus affirming that the complaint was filed within the permissible time frame. The appeal was allowed, reinstating the proceedings against the respondents.