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september 2013

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.

LAFARGE AGGREGATES & CONCRETE INDIA P.LD vs SUKARSH AZAD · Niyam