Supreme Court of India · 2014-05-16
Adambhai Sulemanbhai Ajmeri & Ors vs State Of Gujarat
- Citation / case number
- AIRONLINE 2014 SC 217
- Court
- Supreme Court of India
- Petitioner
- Adambhai Sulemanbhai Ajmeri & Ors
- Respondent
- State Of Gujarat
- Bench
- A.K. Patnaik, V. Gopala Gowda
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 returned due to insufficient funds, provided that the payee has issued a notice within the stipulated time and the drawer fails to make the payment. The Court emphasized the importance of adhering to the procedural requirements laid out in the Act, affirming that non-compliance with notice requirements can lead to dismissal of the complaint. The appeal was dismissed, upholding the conviction of the appellant.