( 1997 (1) Crimes 55); 1996 (3) Crimes 385 (Mad) = 1996 (4)
TANMOY
(Querist) 02 September 2009
This query is : Resolved
Hi, I need a copy of this judgement. Can any body tell me where I can get a copy of this judgement.
( 1997 (1) Crimes 55); 1996 (3) Crimes 385 (Mad) = 1996 (4) CCR 92 (Mad).
n.k.sarin
(Expert) 02 September 2009
you can easily get it any law library in your city or you can get it bar association library of your city.
AEJAZ AHMED
(Expert) 03 September 2009
Dear Tanmoy,
Kindly go through the below site address where you can find the detailed Judgment.
http://indiankanoon.org/doc/441794/
But its better to post querries with the names of parties if you know for any Citations then we can provide details easily.
Shortly Your required Ruling is as follows:
1997 (1) Crimes 55 = 1996(3) Crimes 385 (Mubarak Nishan Vs. R.M.Subramanian)
The principle laid down in 1997 (1) Crimes 55 = 1996(3) Crimes 385 (Mubarak Nishan Vs. R.M.Subramanian), the accused cannot be held liable for an offence under Section 138 of the Negotiable Instruments Act.
The exact dictum in the said ratio runs as follows:-
"After the cheque is issued to the payee or to the holder in due course and before it is presented for encahsement, notice is issued to him not to present the same for encahsment and yet the payee or holder in due course presents the cheque to the bank for payment and when it is returned on instructions, Section 138 does not get attracted"
Wherein the learned judge of this Court has held that if a notice is issued by the accused after the issuance of cheque to the payee or to the holder in due course before the presentation of the cheque for encashment with a request not to present the same for encashment and inspite of it the payee or holder in due course presented the cheque to the bank for payment and the cheque was dishonoured then an offence under Section 138 will not be attracted.
For your further information, kindly go through this Judgment also.
http://indiankanoon.org/doc/979235/
Adinath@Avinash Patil
(Expert) 03 September 2009
Dear Tonmoy,
Go through Superime cout of India web site,&search for judgments head you will find citation head you can find case laws.
Kiran Kumar
(Expert) 03 September 2009
Patil Ji, he asked for Madras High Court judgment, that will not be available on the SC site.
otherwise Ahmed Sahib made a good referrence.
