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march 2003

Supreme Court of India · 2003-03-07

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

Citation / case number
SC 2003/60963
Court
Supreme Court of India
Petitioner
Goaplast Pvt. Ltd.
Respondent
Shri Chico Ursula D'Souza & Anr.
Bench
M.B. SHAH & ARUN KUMAR

Judgment text excerpt

The Supreme Court held that Section 138 of the Negotiable Instruments Act, 1881 applies even when a post-dated cheque is stopped by the issuer before its due date. The Court clarified that the mere act of stopping payment does not exempt the issuer from liability under Section 138, emphasizing the need to uphold the integrity of negotiable instruments. The Court overturned the lower courts' decisions, which had misinterpreted prior judgments, and allowed the appeal, thereby reinstating the complaint against the respondent.

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