Supreme Court of India · 2011-04-28
SUNANDA RAJE SHITOLE vs STATE OF M.P
- Citation / case number
- SC 2006/24536
- Court
- Supreme Court of India
- Petitioner
- SUNANDA RAJE SHITOLE
- Respondent
- STATE OF M.P
- 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 notice must be served within 30 days of the cheque being returned unpaid. The Court established that the drawer's liability arises only after the notice is duly served and the payment is not made within 15 days of receipt of the notice. The appeal was dismissed as the notice was not served within the stipulated time, leading to the quashing of the complaint against the appellant.