Supreme Court of India · 2019-03-06
R. DHANASUNDARI @ R. RAJESWARI vs A.N. UMAKANTH AND ORS
- Citation / case number
- SC 2006/33122
- Court
- Supreme Court of India
- Petitioner
- R. DHANASUNDARI @ R. RAJESWARI
- Respondent
- A.N. UMAKANTH AND ORS
- Author
- HON'BLE MR. JUSTICE DINESH MAHESHWARI
- 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. The Court emphasized that the burden of proof lies on the drawer to demonstrate that the cheque was not issued for a legally enforceable debt. The appeal was dismissed, affirming the conviction of the appellant for the offense under Section 138.