Supreme Court of India · 2017-03-01
N.PARAMESWARAN UNNI vs G.KANNAN
- Citation / case number
- SC 2004/3540
- Court
- Supreme Court of India
- Petitioner
- N.PARAMESWARAN UNNI
- Respondent
- G.KANNAN
- Author
- N.V. RAMANA
- Bench
- PRAFULLA C. PANT N.V. RAMANA
Judgment text excerpt
The Supreme Court held that the High Court erred in setting aside the conviction under Section 138 of the Negotiable Instruments Act, 1881, as the appellant had complied with the statutory requirements, including issuing a legal notice after the dishonor of cheques. The Court emphasized that the procedural safeguards under Section 138 must be adhered to, and the failure to do so by the respondent did not absolve him of liability. The appeal was allowed, reinstating the conviction and sentence imposed by the Trial Court.