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Supreme Court of India

Msr Leathers v. S. Palaniappan & Anr.

Neutral citation
Reported as [2012] 9 S.C.R. 165
Bench R.M. Lodha, T.S. Thakur and Anil R. Dave JJ.
Decided 26 September 2012

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

8 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that law should take a pragmatic A view of the matter and respond to the purpose for which it was made and also take cognizance of the current capabilities of technology and life- style of the community.

Judgment, page 27

From the headnote

Negotiable Instruments Act, 1881 - s. 138 - Dishonour of cheque - Prosecution based upon second or successive dishonour - When no prosecution initiated on first dishonour - Whether permissible - Held: In view of s. 138 and the object underlying therein, the prosecution based on second or successive default in payment of cheque is permissible even when no prosecution was initiated pursuant to first default - Even the legislative intention was not to impose such restriction - So Jong as the cheque remains unpaid within its validity period and condition precedent for prosecution in terms of

Authorities it was built on

Where later benches applied it

Of those, 5 relied on · 3 referred to

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