Supreme Court of India · 1996-10-08
K.K.SIDHARTAN vs T.P.PRAVEEN CHANDRAN .
- Citation / case number
- SC 1995/18047
- Court
- Supreme Court of India
- Petitioner
- K.K.SIDHARTAN
- Respondent
- T.P.PRAVEEN CHANDRAN .
- Author
- B.L. HANSARIA G.N. RAY
- Bench
- B.L. HANSARIA G.N. RAY
Judgment text excerpt
The Supreme Court addressed a complaint under Section 138 of the Negotiable Instruments Act, 1881, and Section 420 IPC, regarding the dishonor of two cheques due to insufficient funds. The Court held that the appellant's argument of having issued a stop payment instruction was valid, as evidence showed sufficient funds were available at the time of presentation. Consequently, the Court quashed the complaint, establishing that dishonor due to stop payment does not attract Section 138 if sufficient funds exist.