Supreme Court of India · 2007-03-08
P. SURESH KUMAR vs R. SHANKAR
- Citation / case number
- SC 2003/16082
- Court
- Supreme Court of India
- Petitioner
- P. SURESH KUMAR
- Respondent
- R. SHANKAR
- Author
- S.B. SINHA
- Bench
- MARKANDEY KATJU S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the issue of dishonor of a cheque under Section 138 of the Negotiable Instruments Act, emphasizing that a partner cannot unilaterally operate a joint bank account without the consent of the other partner. The Court held that the respondent's defense regarding the dishonor of the cheque was unacceptable, as the cheque was issued as part of a compromise agreement between the partners. The Court affirmed the lower court's decision to uphold the complaint against the respondent for dishonoring the cheque.