Supreme Court of India · 2009-05-11
UNION OF INDIA vs MANJU G.S. .
- Citation / case number
- SC 2007/16393
- Court
- Supreme Court of India
- Petitioner
- UNION OF INDIA
- Respondent
- MANJU G.S. .
Judgment text excerpt
The Supreme Court addressed the applicability of Section 138 of the Negotiable Instruments Act, 1881, emphasizing that a cheque must be presented within the validity period for a complaint to be maintainable. The Court held that the drawer's liability arises only when the cheque is dishonored due to insufficient funds or if it exceeds the amount arranged to be paid. The judgment clarified that the notice of demand must be served within 30 days of the dishonor, failing which the complaint is not sustainable.