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september 2013

Supreme Court of India · 2013-09-10

Lafarge Aggregates & Concrete India ... vs Sukarsh Azad & Anr

Citation / case number
AIRONLINE 2013 SC 339
Court
Supreme Court of India
Petitioner
Lafarge Aggregates & Concrete India ...
Respondent
Sukarsh Azad & Anr
Bench
Pinaki Chandra Ghose, Gyan Sudha Misra

Judgment text excerpt

The Supreme Court addressed the appeal challenging the High Court's order quashing a complaint under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the appeal was not maintainable against the rejection of the recall application for the quashed proceedings. However, it suggested that the respondents should honor the dishonored cheque by paying the amount along with interest as compensation, which the respondents agreed to, but the appellant refused to accept. The Court emphasized that the complainant is not compelled to accept payment after the fact of dishonor.

Lafarge Aggregates & Concrete India ... vs Sukarsh Azad & Anr · Niyam