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.