Supreme Court of India · 2009-10-27
M/S.VALLEY VIEW INTERNATION.HEALTH CLUB vs EMPLOYEES STATE INSURANCE CORPORATION
- Citation / case number
- SC 2004/13578
- Court
- Supreme Court of India
- Petitioner
- M/S.VALLEY VIEW INTERNATION.HEALTH CLUB
- Respondent
- EMPLOYEES STATE INSURANCE CORPORATION
- Author
- MARKANDEY KATJU,ASOK KUMAR GANGULY, , ,
- Bench
- MARKANDEY KATJU,ASOK KUMAR GANGULY, , ,
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 in case of 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 upheld the conviction of the accused for the offense under Section 138, reinforcing the need for compliance with procedural requirements.