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.