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2010 Supreme(J&K) 120

GH.HASNAIN MASSODI
Rohit Motors – Appellant
Versus
Punjab Tractors Ltd. – Respondent


Advocates Appeared:
Advocate For Appellant: Gurvinder Singh
Advocate For Respondent: A.H. Naik

1. Trade and Commerce are of pivotal importance for over all development of a country. These while making contributions in shape of direct and indirect taxes to the State exchequer provide employment to a large number of people. It has been thus, all along endeavor of the law makers to enact laws that guarantee freedom of trade and commerce, facilitate and promote trade and commerce and impart credibility to the commercial transactions and respectability to the Negotiable Instruments. It needs no emphasis, that with new strides in trade and commerce, it is impracticable to rely on cash transactions alone. The parties to commercial transactions invariably rely on Negotiable Instruments like cheques to clinch commercial deals. It is thus of utmost importance that cheques are honoured as to discredit cheques as medium of commercial transactions is bound to have a negative spill over for over all health of economy. It is for the said reason that failure to adhere to the commitments by drawer of a cheque has been viewed seriously and frowned upon by the social planners. Before a special law, dealing with dishonor of cheques, was enacted, Section 420 RPC used to be pressed into service t































































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