Supreme Court of India
Yogendra Pratap Singh v. Savitri Pandey & Anr.
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.
What the Court ordered
We are of the opinion that the Court cannot proceed with the case even after the lapse of time as prescribed by Section 138(c) of Negotiate Instruments Act.
Judgment, page 15
From the headnote
Negotiable Instruments Act, 1881 - ss. 138 and 142 - Dishonour of cheque - Complaint filed before the expiry of the period of 15 days stipulated in the notice required to be seNed on the drawer of the cheque - Maintainability of - Held: Complaint is not maintainable - It is no complaint at all in the eyes of law - No cognizance of an offence can be taken on basis of such complaint because there is no commission of an offence nor accrual of cause of action for filing of complaint u/s. 138 - Remedy is to file a fresh complaint within one month of the date on which cause of action arose and if
Authorities it was built on
- 2000 Kusum Ingots and Alloys Ltd. v. Pennar Peterson Securities Ltd. and Ors.
- 1971 S. R. Y. Sivaram Prasad Bahadur v. The Commissioner of Income Tax Hyderabad
- 2007 M/s. Sara V Investment & Financial Consultants Pvt. Ltd. and Anr. v. Llyods Register of Shipping Indian Office Staff Provident Fund and Anr.
- 1994 Pritpal Singh Etc. Etc. v. State of Haryana and Ors.
- 2000 Narsingh Das Tapadia v. Goverdhan Das Partani and Anr.
- 2003 K.R. Indira v. Dr. G. Adinarayana
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