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august 2014

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.

PULSIVE TECHNOLOGIES P.LTD. vs STATE OF GUJARAT . · Niyam