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january 2016

Supreme Court of India · 2016-01-28

DON AYENGIA vs STATE OF ASSAM .

Citation / case number
SC 2014/17549
Court
Supreme Court of India
Petitioner
DON AYENGIA
Respondent
STATE OF ASSAM .
Author
T.S. THAKUR
Bench
KURIAN JOSEPH T.S. THAKUR

Judgment text excerpt

The Supreme Court upheld the conviction under Section 138 of the Negotiable Instruments Act, 1881, emphasizing that the issuance of post-dated cheques constitutes a legally binding obligation. The Court clarified that the dishonor of cheques due to insufficient funds, coupled with the acknowledgment of liability by the respondent, establishes the offense under Section 138. The Court reversed the High Court's decision that had set aside the conviction, thereby reinstating the original ruling against the respondent.

DON AYENGIA vs STATE OF ASSAM . · Niyam