Supreme Court of India · 2019-01-08
M/S. Sicagen India Ltd. vs Mahindra Vadineni
- Citation / case number
- AIR 2019 SUPREME COURT 502
- Court
- Supreme Court of India
- Petitioner
- M/S. Sicagen India Ltd.
- Respondent
- Mahindra Vadineni
- Author
- R. Banumathi
- Bench
- Indira Banerjee, R. Banumathi
Judgment text excerpt
The Supreme Court held that a complaint under Section 138 of the Negotiable Instruments Act can be filed based on the second or successive dishonour of a cheque, clarifying that the holder is not barred from making successive presentations of the cheque. The Court distinguished the case from Sadanandan's case, which had doubted this principle, and reaffirmed the legal position established in MSR Leathers vs. S. Palaniappan. The High Court's quashing of the complaint was set aside, allowing the appellant's complaint to proceed.