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january 2019

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.

M/S. Sicagen India Ltd. vs Mahindra Vadineni · Niyam