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Supreme Court of India 2019-01-08 allowed

Sicagen India Ltd vs Mahindra Vadineni & Ors

Bench: 2 — R. Banumathi

In Brief

Sicagen India Ltd, a businesswoman, received three dishonoured cheques from Mahindra Vadineni. After issuing statutory notices following each dishonour, she filed a criminal complaint based on the second notice under Section 138 of the Negotiable Instruments Act. The High Court quashed the complaint, holding that only a single complaint based on the first notice was maintainable. The Supreme Court allowed the appeal, holding that successive presentations and complaints based on second or successive dishonours are legally permissible. The Court restored the case to the trial court, emphasizing that Section 138 aims to compel cheque drawers to honour their obligations.

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Criminal Law Negotiable Instruments Cheque Dishonour Criminal Procedure

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