Dishonor of Cheque - Plaint was filed that Cheque was issued as ...

April 5, 2022

Case Laws     Indian Laws     SC

Dishonor of Cheque - Plaint was filed that Cheque was issued as security and misused by the defendant - Jurisdiction of Revisional Court in rejecting the plaint - In the instant case, on a reading paragraph 13 of the plaint, it is evident that cheque issued had been dishonoured and defendant no.1 had issued notice under Section 138 of N.I. Act on 10th June, 2009, to the plaintiff and its Managing Director replied to the same through their advocate on 23rd June, 2009. Therefore, it is evident that the plaintiff by seeking the aforesaid reliefs is in substance frustrating the right of defendant no.1 to take steps under the provisions of N.I. Act for releasing the amount of cheque issued by the plaintiff to defendant no.1 by filing a civil suit and/or by initiating a criminal prosecution - Plaint was rightly rejected - HC has erroneously set aside the order of the revisional court without appreciating the facts and circumstances of the case- SC

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