Jagdish Bagri vs Rajendra Kumar Luhariwala & Anr

The Supreme Court set aside the order of the Calcutta High Court dismissing the appellant's application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973, due to the appellant's non-appearance. The Court held that the cheque in question, issued as security, was subject to the provisions of Section 138 of the Negotiable Instruments Act, 1881, as the appellant failed to make agreed payments. The matter was remitted to the High Court for fresh consideration on merits, with a directive for the parties to appear before the Court on a specified date.