SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2001 Supreme(SC) 1288

K.T.THOMAS, S.N.VARIAVA
Punjab And Sindh Bank – Appellant
Versus
Vinkar Sahakari Bank LTD. – Respondent


JUDGMENT

Thomas, J.-Leave granted.

2. This case involves a queer situation when a "Pay Order" was dishonoured by the drawer bank. The holder thereof (Punjab and Sindh Bank) filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short `the Act ). The drawer bank and its officials have been arraigned as accused in the complaint. But a single Judge of the High Court of Bombay quashed the complaint mainly on the premise that the instrument (described as the "pay order") is not a cheque. The Punjab and Sindh Bank has filed this appeal in challenge of the aforesaid order of the High Court. Besides the premise stated above learned single Judge of the High Court adopted two more grounds for quashing the complaint. One among them is that even assuming that the instrument is a cheque it was crossed and hence the complainant-bank should only have collected the amount and remitted the same to the account of the person shown as payee in the instrument. The other is, the complainant was not a `holder in due course inasmuch as no endorsement was made on the instrument in the manner prescribed under Section 50 of the Act and hence the complainant has no locus standi to fil































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top