Supreme Court of India · 2005-05-02
M/S. PREM CHAND VIJAY KUMAR vs YASH PAL SINGH
- Citation / case number
- SC 2004/4616
- Court
- Supreme Court of India
- Petitioner
- M/S. PREM CHAND VIJAY KUMAR
- Respondent
- YASH PAL SINGH
- Author
- ARIJIT PASAYAT
- Bench
- S.H. KAPADIA ARIJIT PASAYAT
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 Instruments 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 calculated from the date of the respondents' reply to the legal notice, which was within the permissible time frame. Consequently, the appeal was allowed, and the High Court's decision was set aside, reinstating the complaint.