Allowed

Narayan Nagu Yadav v. Dyandeo Damu Kurhade and Anr.

Bombay HC13 Feb 2006APPLN/218/2006

Case brief

AI extract

What is this about?

The High Court granted leave to proceed with the criminal application after relying on a Kerala High Court view that a cheque issued to secure a time-barred debt constitutes a valid promise in writing under the Negotiable Instruments Act. The appeal against this order was subsequently admitted.

What did the court decide?

Leave granted to proceed with the application; appeal against leave admitted.

Narayan Nagu Yadav Vs Dyandeo Damu Kurhade and Anr. — Cheque Dishonour | Bombay HC (2006)

¶1

:1:

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 FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
 CRIMINAL APPELLATE JURISDICTION

¶3

 CRI. APPLICATION NO.218 OF 2006
 WITH CRIMINAL APPEAL NO. 2006
----------------------------------------------------------------------
 Office notes, office Memoranda Court’s or Judge’s orders.
 of Coram, appearance, Court’s
 orders or directions and
 Registrar’s orders.
----------------------------------------------------------------------
 Mr.D.L.Lad for the applicant.
 Ms.G.P. Mulekar, APP. for the State.
CORAM : R.S. MOHITE,J.
DATED : 13/2/2006.
 P.C.
 1. The Advocate for the applicant has
 relied upon the Judgment of the
 Division Bench of the Kerala High Court
 reported in 2003(2) DCR Page 192. A
 view has been taken by the Division
 Bench of the Kerala High Court that
 issuance of cheque to secure the
 payment of time barred debt, it would
 amount to promise in writing within the
 meaning of Section 23(3) and if such
 cheque bounces then the proceeding
 under Section 138 is maintainable.
 Hence, leave granted.

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:2:

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 CRI. APPEAL NO. OF 2006

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 1. As the leave has been granted by
 separate order, appeal is admitted.
 Office to number the appeal.

¶7

(R. S. MOHITE, J.)

Narayan Nagu Yadav v. Dyandeo Damu Kurhade and Anr.

Case brief

What is this about?

What did the court decide?

Narayan Nagu Yadav v. Dyandeo Damu Kurhade and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

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Parties & counsel

Coram

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