SADANANDAN BHADRAN versus MADHAVAN SUNIL KUMAR

SADANANDAN BHADRAN versus MADHAVAN SUNIL KUMAR

Once notice is issued to the drawer after dishonour and payment is not made within 15 days, the cause of action arises and must be availed by filing a complaint within one month thereafter; subsequent presentations and dishonours of the same cheque do not give rise to fresh causes of action under Section 142(b).

Parties
Appellant: Sadanandan Bhadran; Respondent: Madhavan Sunil Kumar
Jurisdiction
India
Judgment Date
28 August 1998
Procedural Posture
Criminal Appeal / Appeal Against Acquittal Confirmed by High Court
Outcome
Appeal dismissed; acquittal confirmed.
Legal Topics
Negotiable Instruments, Cheque Dishonour, Limitation, Cause of Action
Criminal Law Negotiable Instruments Cheque Dishonour Limitation Cause of Action

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Parties

Sadanandan Bhadran

Appellant

Madhavan Sunil Kumar

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Acquittal Confirmed by High Court

Legal Issues

  1. 1 Whether successive dishonours of a single cheque give rise to multiple causes of action under Section 142(b) of the Negotiable Instruments Act, 1881

Ratio Decidendi

Once notice is issued to the drawer after dishonour and payment is not made within 15 days, the cause of action arises and must be availed by filing a complaint within one month thereafter; subsequent presentations and dishonours of the same cheque do not give rise to fresh causes of action under Section 142(b).

Court Disposition

Appeal dismissed; acquittal confirmed.

Orders

  • Appeal dismissed.
  • Appreciation recorded for amicus curiae.