Supreme Court of India · 2019-09-26
DIRECTOR OF ELEMENTARY EDUCATION, ODISHA DIRECTOR vs SRI PRAMOD KUMAR SAHOO
- Citation / case number
- SC 2017/13251
- Court
- Supreme Court of India
- Petitioner
- DIRECTOR OF ELEMENTARY EDUCATION, ODISHA DIRECTOR
- Respondent
- SRI PRAMOD KUMAR SAHOO
- Author
- HON'BLE MR. JUSTICE HEMANT GUPTA
- Bench
- HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE MR. JUSTICE L. NAGESWARA RAO
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 prove that the cheque was not issued in discharge of a legally enforceable debt. The appeal was dismissed, affirming the conviction of the appellant under Section 138.