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january 2009

Supreme Court of India · 2009-01-13

OM PRAKASH SRIVASTAVA vs UNION OF INDIA THR. C.B.I. & ORS.

Citation / case number
SC 2001/60240
Court
Supreme Court of India
Petitioner
OM PRAKASH SRIVASTAVA
Respondent
UNION OF INDIA THR. C.B.I. & ORS.
Author
TARUN CHATTERJEE,V.S. SIRPURKAR, , ,
Bench
TARUN CHATTERJEE,V.S. SIRPURKAR, , ,

Judgment text excerpt

The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, impose a strict liability on the drawer of a cheque, making them liable for dishonor due to insufficient funds. The Court emphasized that the notice of dishonor must be served within 30 days of the receipt of information regarding the dishonor, and failure to do so would bar the complaint. The judgment clarified the procedural requirements for filing a complaint under Section 138, reinforcing the need for adherence to statutory timelines.

OM PRAKASH SRIVASTAVA vs UNION OF INDIA THR. C.B.I. & ORS. · Niyam