Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2013

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.

Bajaj Auto Limited vs Rajendra Kumar Jagannath Kathar & Ors · Niyam