Supreme Court of India · 2019-12-11
THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS MEMBER SECRETARY vs D. RAJAN DEV .
- Citation / case number
- SC 2016/36336
- Court
- Supreme Court of India
- Petitioner
- THE CHENNAI METROPOLITAN DEVELOPMENT AUTHORITY REP. BY ITS MEMBER SECRETARY
- Respondent
- D. RAJAN DEV .
- Author
- HON'BLE MRS. JUSTICE R. BANUMATHI
- Bench
- HON'BLE MRS. JUSTICE R. BANUMATHI, HON'BLE MR. JUSTICE A.S. BOPANNA, HON'BLE MR. JUSTICE HRISHIKESH ROY
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 demanding payment within 30 days of the cheque's return. The Court emphasized the necessity of proving the issuance of such notice and the failure to make payment thereafter. The appeal was dismissed, affirming the conviction of the accused for dishonor of cheque.