Supreme Court of India · 2013-09-10
LAFARGE AGGREGATES & CONCRETE INDIA P.LD vs SUKARSH AZAD
- Citation / case number
- SC 2011/4301
- Court
- Supreme Court of India
- Petitioner
- LAFARGE AGGREGATES & CONCRETE INDIA P.LD
- Respondent
- SUKARSH AZAD
- Author
- PINAKI CHANDRA GHOSE GYAN SUDHA MISRA
- Bench
- PINAKI CHANDRA GHOSE GYAN SUDHA MISRA
Judgment text excerpt
The Supreme Court addressed the appeal against 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, emphasizing that the appellant should not be deprived of the cheque amount due to the respondents' stop payment instructions. The Court suggested that the respondents pay the dishonoured cheque amount along with interest and compensation, totaling approximately Rs. 5 lakhs, which the respondents agreed to, although the appellant refused the payment and insisted on the appeal's allowance.