Supreme Court of India · 2019-05-08
BIRENDRA PRASAD SAH vs THE STATE OF BIHAR
- Citation / case number
- SC 2018/27023
- Court
- Supreme Court of India
- Petitioner
- BIRENDRA PRASAD SAH
- Respondent
- THE STATE OF BIHAR
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court held that the High Court erred in quashing the complaint under Section 138 of the Negotiable Instruments Act, 1881, as the Chief Judicial Magistrate had condoned the delay in filing the complaint. The Court emphasized that the issuance of successive legal notices is permissible under Section 138, aligning with the legislative intent. The Court reinstated the proceedings, affirming the validity of the complaint filed within the statutory framework.