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february 2000

Supreme Court of India · 2000-02-02

Suman Sethi vs Ajay K, Churiwal

Citation / case number
AIR 2000 SUPREME COURT 828
Court
Supreme Court of India
Petitioner
Suman Sethi
Respondent
Ajay K, Churiwal
Bench
G.T. Nanavati, S.N. Phukan

Judgment text excerpt

The Supreme Court held that the notice issued under proviso (b) to Section 138 of the Negotiable Instruments Act, 1881, is valid if it clearly demands the cheque amount, even if it initially appeared to exceed the cheque amount. The Court distinguished the facts from a prior High Court decision that deemed a similar notice invalid. The Court upheld the High Court's order setting aside the Metropolitan Magistrate's ruling, affirming that the notice was compliant with the statutory requirements.

Suman Sethi vs Ajay K, Churiwal · Niyam