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february 2019

Supreme Court of India · 2019-02-25

MURUGAN vs KESAVA GOUNDER (DEAD) THR LRS AND ORS.

Citation / case number
SC 2010/22220
Court
Supreme Court of India
Petitioner
MURUGAN
Respondent
KESAVA GOUNDER (DEAD) THR LRS AND ORS.
Author
HON'BLE MR. JUSTICE ASHOK BHUSHAN
Bench
HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE ASHOK BHUSHAN

Judgment text excerpt

The Supreme Court addressed the interpretation of Section 138 of the Negotiable Instruments Act, emphasizing that the drawer of a cheque must be given a notice of dishonor within 30 days of the receipt of information regarding the cheque's dishonor. The Court held that failure to provide such notice invalidates the complaint under Section 138, establishing that the notice is a prerequisite for initiating proceedings. The appeal was allowed, and the complaint was quashed due to non-compliance with the statutory requirement.

MURUGAN vs KESAVA GOUNDER (DEAD) THR LRS AND ORS. · Niyam