Upgrad LLM

trial u/s 138 ni act after second notice


 

In the result, we overrule the decision in Sadanandan Bhadran's case and hold that prosecution based

upon second or successive dishonour of the cheque is also permissible so long as the same satisfies the

requirements stipulated in the proviso to Section 138 of the Negotiable Instruments Act. The reference is

answered accordingly. The appeals shall now be listed before the regular Bench for hearing and disposal in

light of the observations made above.



Attached File : 1058216297 2012 lawsuit(sc) 630.pdf downloaded 120 times
 
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