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january 2010

Supreme Court of India · 2010-01-08

Tameeshwar Vaishnav vs Ramvishal Gupta

Citation / case number
AIR 2010 SUPREME COURT 1209
Court
Supreme Court of India
Petitioner
Tameeshwar Vaishnav
Respondent
Ramvishal Gupta
Author
Altamas Kabir
Bench
G.S. Singhvi, Altamas Kabir

Judgment text excerpt

The Supreme Court addressed whether a payee can send a second notice under clause (b) of Section 138 of the Negotiable Instruments Act, 1881 after failing to act on the first notice. The Court held that the payee is not entitled to send a fresh notice for the same cheque if no action was taken within the prescribed period after the first notice, thereby affirming the necessity of adhering to the statutory timelines set forth in Section 138 and Section 142 of the Act. Consequently, the complaints filed by the Respondent were deemed barred, leading to the dismissal of the appeals.

Tameeshwar Vaishnav vs Ramvishal Gupta · Niyam