Supreme Court of India
Modi Cements Ltd. v. Shri Kuchil Kumar Nandi
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8 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the considered opinion that the complaints of the appellant could not have been B dismissed by the High Court at the threshold. (22) In the result the appeals succeed and the common order dated 21.1l.96 passed by the High Court in Criminal Revision Petition Nos. 2303- 2304 of 1995 is quashed and set aside and the order passed by the Metropolitan Magistrate 11th Court, Calcutta on 6.4.95 is restored.
Judgment, page 12
From the headnote
c Criminal Law : Negotiable Instruments Act, 1881 : Sections 138 and 139-Dishonour of cheque-Complaint against Cognizance of-By Metropolitan Magistrate-Drawer of cheque issued "stop payment" instructions to his back prior to presentation of cheque-High Court quashed complaint under S. 482 Cr. P. . -Validity of-Held: "Stop payment" instructions will not preclude an action under S. 138-Such liability cannot be avoided even by giving notice to the payee or holder in due course, prior to presentation of the cheque, not to present the cheque but he presents it and the cheque is returned pursuant
Authorities it was built on
Where later benches applied it
- 2015 Hmt Watches Ltd. v. M.A. Abida &anr.
- 2017 B. Sunitha v. The State of Telengana & Anr.
- 2012 M/s. Laxmi Dyechem v. State of Gujarat & Ors.
- 2007 K. Prakashan v. P.K. Surenderan
- 2003 Goa Plast (p.) Ltd. v. Chico Ursula Dsouza
- 2003 Goaplast Pvt. Ltd. v. Shri Chico Ursula Dsouza and Anr.
- 2001 M/s. M.M.T.C. Ltd. and Anr. v. M/s. Medchl Chemicals and Pharma (p) Ltd. and Anr.
- 1999 Nepc Micon Ltd. and Ors. v. Magma Leasing Ltd.
Of those, 1 relied on · 7 mentioned
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