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october 2009

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.

M/S.VALLEY VIEW INTERNATION.HEALTH CLUB vs EMPLOYEES STATE INSURANCE CORPORATION · Niyam