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may 2014

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.

Adambhai Sulemanbhai Ajmeri & Ors vs State Of Gujarat · Niyam