Supreme Court of India · 2009-10-27
UNITED INDIA INSURANCE CO. LTD. vs M/S. RIGA SUGAR CO. LTD.
- Citation / case number
- SC 2004/22590
- Court
- Supreme Court of India
- Petitioner
- UNITED INDIA INSURANCE CO. LTD.
- Respondent
- M/S. RIGA SUGAR CO. LTD.
- 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 held that the complainant must prove that the cheque was presented within the validity period and that a notice was sent to the drawer after dishonor. The appeal was dismissed, affirming the conviction of the accused for cheque dishonor.