Supreme Court of India · 2013-07-01
Aparna A.Shah vs M/S Sheth Developers P.Ltd.& Anr
- Court
- Supreme Court of India
- Petitioner
- Aparna A.Shah
- Respondent
- M/S Sheth Developers P.Ltd.& Anr
- Author
- P.Sathasivam
- Bench
- P. Sathasivam, Jagdish Singh Khehar
Judgment text excerpt
The Supreme Court addressed the appeal against the Bombay High Court's order regarding a dishonored cheque under Section 138 of the Negotiable Instruments Act, 1881. The Court held that the issuance of the cheque was linked to a joint venture agreement, and the appellant's claim of insufficient funds was not a valid defense under the statute. The Court upheld the High Court's decision, affirming the legal principle that a cheque issued in connection with a financial obligation is actionable under Section 138, leading to the dismissal of the appeal.