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february 2006

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.

MUSARAF HOSSAIN KHAN vs BHAGHEERATHA ENGG. LTD. . · Niyam