Niyam v2 is live — start for just ₹100 — 200 credits to try

december 2013

Supreme Court of India · 2013-12-11

KAMLESH KUMAR vs STATE OF BIHAR

Citation / case number
SC 2012/40489
Court
Supreme Court of India
Petitioner
KAMLESH KUMAR
Respondent
STATE OF BIHAR
Author
A.K.SIKRI
Bench
A.K. SIKRI K.S. RADHAKRISHNAN

Judgment text excerpt

The Supreme Court held that the complaint filed under Section 138 of the Negotiable Instruments Act was maintainable despite the appellant's claims of it being time-barred. The Court emphasized that the High Court's dismissal of the appellant's petition under Section 482 of the Cr.P.C. was justified as the trial had commenced, and the appellant could raise his contentions during the trial. The Court did not delve into the merits of the appellant's defense regarding the cheque being stolen, focusing instead on the procedural aspects of the complaint's maintainability.

KAMLESH KUMAR vs STATE OF BIHAR · Niyam