Supreme Court of India · 2012-09-26
Msr Leathers vs S. Palaniappan And Anr
- Citation / case number
- AIR 2013 SC( CRI) 490
- Court
- Supreme Court of India
- Petitioner
- Msr Leathers
- Respondent
- S. Palaniappan And Anr
- Author
- T.S. Thakur
- Bench
- Anil R. Dave, T.S. Thakur, R.M. Lodha
Judgment text excerpt
The Supreme Court held that under Section 138 and Section 142 of the Negotiable Instruments Act, 1881, a payee can initiate prosecution for dishonour of a cheque only once, as the cause of action arises solely from the failure to pay after a notice is served. The Court clarified that accepting successive causes of action would render the limitation period under Section 142(b) meaningless. Consequently, the Court ruled that the complaint based on a second presentation of the cheque was not maintainable, affirming the lower court's dismissal of the complaint.