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september 2012

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.

Msr Leathers vs S. Palaniappan And Anr · Niyam