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january 2009

Supreme Court of India · 2009-01-12

UNION OF INDIA vs RAM BIPAT .

Citation / case number
SC 2007/4867
Court
Supreme Court of India
Petitioner
UNION OF INDIA
Respondent
RAM BIPAT .
Author
TARUN CHATTERJEE,H.L. DATTU, , ,
Bench
TARUN CHATTERJEE,H.L. DATTU, , ,

Judgment text excerpt

The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, require a clear and unambiguous notice to be served upon the drawer of the cheque before initiating proceedings. The Court emphasized that the notice must specify the amount due and the reason for the dishonor of the cheque. Failure to comply with this requirement renders the complaint under Section 138 untenable, leading to the dismissal of the proceedings against the accused.

UNION OF INDIA vs RAM BIPAT . · Niyam