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july 2015

Supreme Court of India · 2015-07-06

MAINUDDIN ABDUL SATTAR SHAIKH vs VIJAY D SAVLI

Citation / case number
SC 2008/4064
Court
Supreme Court of India
Petitioner
MAINUDDIN ABDUL SATTAR SHAIKH
Respondent
VIJAY D SAVLI
Author
Pinaki Chandra Ghose
Bench
UDAY UMESH LALIT PINAKI CHANDRA GHOSE

Judgment text excerpt

The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, the drawer of the cheque is liable for the offence, regardless of whether the cheque was issued in a personal or corporate capacity. The Court found that the High Court erred in dismissing the appeal against the acquittal of the respondent, as the cheque was drawn by the respondent personally and not by the company. The Court allowed the appeal and set aside the acquittal, emphasizing the need for accountability in cheque transactions.

MAINUDDIN ABDUL SATTAR SHAIKH vs VIJAY D SAVLI · Niyam