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october 2009

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.

UNITED INDIA INSURANCE CO. LTD. vs M/S. RIGA SUGAR CO. LTD. · Niyam