Supreme Court of India · 2013-04-04
Bajaj Auto Limited vs Rajendra Kumar Jagannath Kathar & Ors
- Citation / case number
- 2013 AIR SCW 3017
- Court
- Supreme Court of India
- Petitioner
- Bajaj Auto Limited
- Respondent
- Rajendra Kumar Jagannath Kathar & Ors
- Author
- Dipak Misra
- Bench
- Dipak Misra, K. S. Radhakrishnan
Judgment text excerpt
The Supreme Court ruled that under Section 138 of the Negotiable Instruments Act, the drawer of a cheque is liable for prosecution if the cheque is dishonored due to insufficient funds, provided that the payee has issued a notice within the stipulated time frame. The Court emphasized that the requirement of sending a notice is mandatory and failure to do so would render the complaint untenable. The appeal was dismissed, affirming the lower court's conviction of the appellant for dishonoring the cheque.