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1995 Supreme(Mad) 236

JANARTHANAM
B. Kannan – Appellant
Versus
Kothandan – Respondent


Advocates:
V. Sairam, K.V. Sridharan, R. Manivannan, K.V. Venkatapathi, Miss.
K. Sumathi, K. Thiagarajan, K. Ramachandran, K. Mahendran R. Muthukrishnan, D. Veerasekaran, C. Prasannavenkatesh and T.M. Hariharan, for Petitioner.

Judgment :

So moot a question that arises for consideration in all these actions, revolves on the interpretation of Sec. 138(c) of the Negotiable Instruments Act, 1881 (Act XXVI of 1881 for short ‘the Act’) relatable to the receipt of the notice, as contemplated therein. This question as such, being purely legal, there is no need at all. I think, to relate the facts, even in a summary or general way, in all these actions. Such an interpretation assumes signal and paramount importance, in the context of achieving the purpose, for which Chapter VII, by Sec. 4 of the Banking Public Financial Institutions and Negotiable Instruments Laws (Amendment) Act, 1988 (Act LXVI of 1988 for short ‘amending Act’), under a new nomenclature for the Chapter, “Of penalties in cases of dishonour of certain cheque for insufficiency of funds in the accounts” had been re-introduced.

.2. ‘Negotiable Instruments’ were devised by the mercantile community, as a safe and very dependable method of discharging pecuniary liabilities and as a substitute for cash payment, which would always involve an element of ample risk, due to either the magnitude of the amount sought to be paid or the geographical distance bet




















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