Supreme Court of India · 2019-02-05
THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY vs S.S. SARVESH
- Citation / case number
- SC 2018/27780
- Court
- Supreme Court of India
- Petitioner
- THE COMMISSIONER MYSORE URBAN DEVELOPMENT AUTHORITY
- Respondent
- S.S. SARVESH
- Author
- HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
- Bench
- HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE
Judgment text excerpt
The Supreme Court ruled that under Section 138 of the Negotiable Instruments Act, the drawer of a cheque is liable for dishonor 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 that the requirement of notice is a condition precedent for filing a complaint under Section 138. The appeal was dismissed, affirming the lower court's conviction of the appellant for the offense under the Act.