Cheque dishonour by stop payment instructions: delayed challenge and no sufficient cause for non-appearance defeated recall of quashing order.

In a cheque dishonour matter arising from stop payment instructions, the Supreme Court noted that the statutory framework governing negotiable instruments applied, but found no sufficient ground to interfere with the High Court's refusal to recall its order quashing the complaint and consequential proceedings. The complainant had declined the offer to pay the cheque amount with added interest and compensation, while the appellant failed to show sufficient cause for non-appearance when the complaint was quashed. The challenge to the refusal to recall was also highly delayed, so the order declining recall was left undisturbed.

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Issues: Whether interference was warranted with the High Court's refusal to recall its order quashing the complaint and consequential proceedings arising from dishonour of cheque by stop payment instructions.

Analysis: The cheque had been dishonoured on account of stop payment instructions, attracting the statutory framework governing dishonour of negotiable instruments. The Court noted that the respondents had offered to pay the cheque amount with an additional sum towards interest and compensation, while the complainant declined the offer and insisted on continuing the prosecution. The appellant had also failed to show sufficient cause for non-appearance when the complaint was quashed, and the challenge to the refusal to recall was highly belated. In these circumstances, no sufficient ground was made out to disturb the order declining recall.

Conclusion: Interference was declined and the challenge to the refusal to recall the quashing order failed, resulting in dismissal of the appeal.

Ratio Decidendi: In a cheque dishonour matter, where the complainant fails to show sufficient cause for non-appearance and the challenge is delayed, the refusal to recall an order quashing the complaint will not ordinarily be interfered with merely because payment was later offered.

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