Supreme Court of India
Aps Forex Services Pvt. Ltd. v. Shakti International Fashion Linkers & Ors.
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.
1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the reasons stated above, the impugned judgment and order passed by the High Court and that of the Metropolitan Magistrate acquitting the original accused - respondents herein for the offence under Section 138 of the N.I. Act cannot be sustained and the same deserves to be quashed and set aside and are accordingly quashed and set aside. The original accused - respondents herein are held guilty for the offence under Section 138 of the N.I. Act. ... Present appeal is accordingly allowed.
Judgment, Paras 8-9
From the headnote
Negotiable Instruments Act, 1881 – s.139 – Presumption as to legally enforceable debt or liability – Dishonour of four cheques issued by accused – Fresh consolidated cheque issued – Dishonour of the said cheque on presentation due to Stop Payment – Complaint under s.138 – Admission of accused of issuance of cheque as well as the signature on the cheque – Acquittal by courts below – Appeal by complainant – Plea of original accused that cheque was issued towards the security and the complainant misused the cheque – Held: The issuance of cheque by the accused and the signature of the accused on the said cheque were not disputed by the accused.
Authorities it was built on
Where later benches applied it
Of those, 1 referred to
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