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.