Supreme Court of India · 2014-08-22
PULSIVE TECHNOLOGIES P.LTD. vs STATE OF GUJARAT .
- Citation / case number
- SC 2011/38830
- Court
- Supreme Court of India
- Petitioner
- PULSIVE TECHNOLOGIES P.LTD.
- Respondent
- STATE OF GUJARAT .
- Author
- RANJANA PRAKASH DESAI
- Bench
- N.V. RAMANA RANJANA PRAKASH DESAI
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the criminal complaint under Sections 138 and 142 of the Negotiable Instruments Act, stating that a 'stop payment' instruction does fall within the ambit of Section 138, which penalizes dishonor of cheques. The Court emphasized that the complaint disclosed a prima facie case for the offence, and thus the High Court's decision was set aside, allowing the complaint to proceed. The Court reiterated the necessity of adhering to the provisions of the NI Act in cases of cheque dishonor.