Supreme Court of India · 2011-04-18
JAGLAL MAHTO vs JANAKDHARI MAHTO .
- Citation / case number
- SC 2002/12064
- Court
- Supreme Court of India
- Petitioner
- JAGLAL MAHTO
- Respondent
- JANAKDHARI MAHTO .
- Author
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
- Bench
- HARJIT SINGH BEDI,CHANDRAMAULI KR. PRASAD, , ,
Judgment text excerpt
The Supreme Court ruled that Section 138 of the Negotiable Instruments Act, 1881, mandates that a cheque must be presented within three months of its issuance for the holder to maintain a complaint for dishonor. The Court established that the drawer's liability arises only when the cheque is returned unpaid due to insufficient funds or if it exceeds the arrangement made with the bank. The Court upheld the conviction of the accused for dishonoring the cheque, affirming the importance of timely presentation and notice under the statute.