Niyam v2 is live — start for just ₹100 — 200 credits to try

march 2003

Supreme Court of India · 2003-03-07

Goaplast Pvt. Ltd vs Shri Chico Ursula D'Souza & Anr

Citation / case number
2003 SCC (CRI) 603
Court
Supreme Court of India
Petitioner
Goaplast Pvt. Ltd
Respondent
Shri Chico Ursula D'Souza & Anr
Author
Arun Kumar
Bench
M.B. Shah, Arun Kumar

Judgment text excerpt

The Supreme Court held that the mere act of stopping payment on post-dated cheques does not exempt the issuer from liability under Section 138 of the Negotiable Instruments Act, 1881. The Court clarified that the offense under Section 138 is applicable even if the payment is stopped before the cheques become payable, emphasizing the legislative intent to uphold the credibility of negotiable instruments. The Court overturned the lower courts' decisions, which misinterpreted the law, and allowed the appeal, reinstating the complaint under Section 138.

Goaplast Pvt. Ltd vs Shri Chico Ursula D'Souza & Anr · Niyam