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.