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.