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september 2001

Supreme Court of India · 2001-09-17

Vinod Tanna And Anr. vs Zaheer Siddiqui And Ors.

Citation / case number
AIRONLINE 2001 SC 932
Court
Supreme Court of India
Petitioner
Vinod Tanna And Anr.
Respondent
Zaheer Siddiqui And Ors.
Author
Ruma Pal
Bench
Ruma Pal

Judgment text excerpt

The Supreme Court held that for an offence under Section 138 read with Section 142 of the Negotiable Instruments Act to be established, the essential ingredients must be satisfied, specifically that the drawer had insufficient funds or that the cheque amount exceeded the arrangement with the bank. The Court found that the High Court erred in relying on the Modi Cements case, as the grounds for dishonour in the present case did not meet the statutory requirements. Consequently, the Supreme Court quashed the criminal proceedings initiated against the accused.

Vinod Tanna And Anr. vs Zaheer Siddiqui And Ors. · Niyam