Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 2019 (9) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (9) TMI 1654 - SC - Indian LawsDishonor of Cheque - time limitation - sole argument of the respondent commended to the High Court was that a legal notice was not duly served on him within the statutory period - Section 138 of the Negotiable Instruments Act, 1881 - HELD THAT:- There are no manner of doubt that the reason commended to the High Court, is unacceptable. For, the fact that notice was duly served on the respondent or otherwise, is a triable issue; and cannot be proceeded as an indisputable position-as is expounded by this Court in Ajeet Seeds Limited vs. K. Gopala Krishnaiah [2014 (8) TMI 464 - SUPREME COURT] - the impugned judgment and order is set aside and the appeal is allowed. Dishonor of cheque - legal notice has been served on the respondent within the statutory period or not - remark noted on the cheque return memo - HELD THAT:- The facts would require the parties to produce evidence and are triable issues, as expounded by this Court in Ajeet Seeds Limited vs. K. Gopala Krishnaiah [2014 (8) TMI 464 - SUPREME COURT] and in Laxmi Dyechem vs. State of Gujarat and Others [2012 (12) TMI 106 - SUPREME COURT]. As a result, even this appeal ought to succeed. The impugned judgment and order is accordingly set aside and the appeal is allowed. Dishonor of cheque - service of legal notice within the statutory period or not - HELD THAT:- There are no manner of doubt that the reason which commended the High Court, in our opinion, is unacceptable, for the fact that the notice was duly served on the respondent or otherwise is a triable issue and cannot be proceeded as indisputable position as is expounded by this Court in Ajeet Seeds Limited vs. K. Gopala Krishnaiah [2014 (8) TMI 464 - SUPREME COURT] - appeal allowed. Dishonor of cheque - legal notice has not been served on the respondent within the statutory period - remark noted on the cheque return memo - HELD THAT:- Both these facts would require the parties to produce evidence and are triable issues as expounded by this Court in in Ajeet Seeds Limited vs. K. Gopala Krishnaiah [2014 (8) TMI 464 - SUPREME COURT] and in Laxmi Dyechem vs. State of Gujarat and Others [2012 (12) TMI 106 - SUPREME COURT]. As a result, even this appeal should succeed. Appeal allowed - decided in favor of appellant.
|