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july 2013

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.

Aparna A.Shah vs M/S Sheth Developers P.Ltd.& Anr · Niyam