Supreme Court of India · 2013-07-01
APARNA A.SHAH vs M/S SHETH DEVELOPERS P.LTD.
- Citation / case number
- SC 2010/37165
- Court
- Supreme Court of India
- Petitioner
- APARNA A.SHAH
- Respondent
- M/S SHETH DEVELOPERS P.LTD.
- Author
- P.Sathasivam
- Bench
- JAGDISH SINGH KHEHAR P. SATHASIVAM
Judgment text excerpt
The Supreme Court addressed the issue of dishonor of a cheque under Section 138 of the Negotiable Instruments Act, 1881, holding that the appellant was entitled to maintain a complaint against the respondent for the dishonor of the cheque issued as part of a joint venture agreement. The Court emphasized that the statutory notice must be served within the stipulated time frame, and failure to do so can bar the complaint. The appeal was allowed, and the High Court's order was set aside, reinstating the complaint against the respondent.