Supreme Court of India · 2006-02-24
MUSARAF HOSSAIN KHAN vs BHAGHEERATHA ENGG. LTD. .
- Citation / case number
- SC 2005/5755
- Court
- Supreme Court of India
- Petitioner
- MUSARAF HOSSAIN KHAN
- Respondent
- BHAGHEERATHA ENGG. LTD. .
- Author
- P.K. BALASUBRAMANYAN S.B. SINHA
- Bench
- P.K. BALASUBRAMANYAN S.B. SINHA
Judgment text excerpt
The Supreme Court ruled that the dishonor of cheques issued under a contract for supply of goods constitutes an offence under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the respondents' attempt to quash the complaint filed by the appellant was not maintainable as they had already received summons and failed to appear before the Chief Judicial Magistrate. Consequently, the Court dismissed the writ petition filed by the respondents, affirming the lower court's cognizance of the offence.