Supreme Court of India
Goaplast Pvt. Ltd. v. Shri Chico Ursula Dsouza and Anr.
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5 Supreme Court benches have cited this judgment.
What the Court ordered
We hold that Section 138 of the Negotiable E Instruments Act will be attracted in the facts of the case.
Judgment, page 9
From the headnote
Negotiable Instruments Act, I 881-Sections I 38, I 39 and Chapter XVI/ Post dated cheques-Payment of-Countermanding payment of the same Whether would attract the penal provision of Section I 38-Held, once a cheque is issued a presumption under Section I 39 must follow-Jn yiew of the presumption and the object of Chapter XVII, countermanding payment of post dateq cheques would not preclude an action .under Section I 38. Post dated cheques were issued and before the due date of payment, instructions were issued to the drawee bank to stop their payment by person issuing the cheque. Respondent
Authorities it was built on
Where later benches applied it
- 2021 P. Mohanraj & Ors. v. M/s. Shah Brothers Ispat Pvt. Ltd.
- 2016 Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency Limited
- 2012 M/s. Laxmi Dyechem v. State of Gujarat & Ors.
- 2012 Aneeta Hada v. M/s. Godfather Travels & Tours Pvt. Ltd.
- 2003 Goa Plast (p.) Ltd. v. Chico Ursula Dsouza
Of those, 3 relied on · 1 referred to · 1 mentioned
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