K.K. SIDHARTHAN versus T.P. PRAVEENA CHANDRAN AND ANR.

K.K. SIDHARTHAN versus T.P. PRAVEENA CHANDRAN AND ANR.

If after notice not to present a cheque for encashment is issued to payee or holder in due course and the cheque is still presented and dishonoured due to stop payment instruction, Section 138 of the Negotiable Instruments Act does not apply and complaint is liable to be quashed.

Source-derived case information.

Parties
Appellant: K.K. Sidharthan; Respondent: T.P. Praveena Chandran; Indian Overseas Bank, Trichur Branch
Jurisdiction
India
Judgment Date
08 October 1996
Procedural Posture
Criminal Appeal / Appeal From Kerala High Court Judgment and Order Dated 23.8.95 in Crl. M. C. No. 677 of 1995
Outcome
Appeal allowed; complaint quashed
Legal Topics
Dishonour of Cheque, Negotiable Instruments
Criminal Law Banking Law Dishonour of Cheque Negotiable Instruments

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

K.K. Sidharthan

Appellant

T.P. Praveena Chandran

Respondent

Indian Overseas Bank, Trichur Branch

Procedural Posture

Criminal Appeal / Appeal From Kerala High Court Judgment and Order Dated 23.8.95 in Crl. M. C. No. 677 of 1995

Legal Issues

  1. 1 Whether complaint under Section 138 of the Negotiable Instruments Act is maintainable when cheque is dishonoured due to 'stop payment' instruction after notice to payee or holder in due course

Ratio Decidendi

If after notice not to present a cheque for encashment is issued to payee or holder in due course and the cheque is still presented and dishonoured due to stop payment instruction, Section 138 of the Negotiable Instruments Act does not apply and complaint is liable to be quashed.

Court Disposition

Appeal allowed; complaint quashed

Orders

  • Complaint under Section 138 quashed
  • No order as to costs