JAGDISH BAGRI vs RAJENDRA KUMAR LUHARIWALA

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 noted that the appellant had failed to pay Rs.2,30,000/- as per the agreed instalments, leading to the presentation of a cheque under Section 138 of the Negotiable Instruments Act, 1881. The matter was remitted to the High Court for fresh consideration on merits, emphasizing the need for vigilance by legal counsel.