SUPREME COURT OF INDIA – NEGOTIABLE INSTRUMENTS ACT SECTION 138 – FILING OF COMPLAINT AFTER SECOND NOTICE

Supreme Court of India

Date of Judgement: 26.09.2012

In the result, we overrule the decision in Sadanandan Bhadran’s case (supra) and hold that prosecution based upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. The reference is answered accordingly. The appeals shall now be listed before the regular Bench for hearing and disposal in light of the observations made above. (Para 33).

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Advocate Amaresh Singh

Advocate Amaresh Singh is a lawyer practicing in Supreme Court of India, Delhi High Court and various District Courts including Saket Court, Tis Hazari Court, Karkardooma Court, Patiala House Court and Dwarka Court. (M) 9999678571

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