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.