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january 2009

Supreme Court of India · 2009-01-16

STATE OF M.P vs BHARAT

Citation / case number
SC 2007/6719
Court
Supreme Court of India
Petitioner
STATE OF M.P
Respondent
BHARAT
Author
TARUN CHATTERJEE,H.L. DATTU, , ,
Bench
TARUN CHATTERJEE,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, require a clear and unambiguous demand for payment before initiating criminal proceedings. The Court emphasized that the notice must specify the amount due and the date of dishonor, establishing that failure to comply with these requirements renders the complaint invalid. Consequently, the Court quashed the proceedings against the accused, holding that the complaint was not maintainable due to non-compliance with statutory requirements.

STATE OF M.P vs BHARAT · Niyam