Supreme Court of India · 2019-12-18
THE STATE OF ODISHA vs BICHITRANANDA DAS
- Citation / case number
- SC 2018/45004
- Court
- Supreme Court of India
- Petitioner
- THE STATE OF ODISHA
- Respondent
- BICHITRANANDA DAS
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court ruled that under Section 138 of the Negotiable Instruments Act, the drawer of a cheque is liable for criminal prosecution if the cheque is returned due to insufficient funds, provided that the payee has issued a notice within the stipulated time frame. The Court emphasized the necessity of proving the service of notice to establish the liability of the drawer. The appeal was dismissed, affirming the conviction of the accused under Section 138.