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Supreme Court of India 2017-01-23 allowed

Agyapaul Singh vs State Bank of India (SAMB)

Bench: 2 — Kurian

In Brief

Agyapaul Singh, a bank customer, was ordered by the High Court not to present a cheque until July 25, 2016, and promised to honour it thereafter. When the cheque was dishonoured on presentation, the High Court initiated contempt of court proceedings. The Supreme Court set aside the contempt proceedings, holding that mere dishonour of a cheque does not constitute contempt without proof of willful disobedience. The Court emphasised that before initiating contempt proceedings, the High Court must grant the accused person an opportunity to file a reply to the show cause notice and hear them before reaching any conclusion.

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Contempt of Court SARFAESI Act Civil Procedure Banking Law

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