Supreme Court of India · 2020-07-27
ERUDHAYA PRIYA vs STATE EXPRESS TRANSPORT CORPORATION LTD
- Citation / case number
- SC 2018/8915
- Court
- Supreme Court of India
- Petitioner
- ERUDHAYA PRIYA
- Respondent
- STATE EXPRESS TRANSPORT CORPORATION LTD
- Author
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL
- Bench
- HON'BLE MR. JUSTICE SANJAY KISHAN KAUL, HON'BLE MR. JUSTICE AJAY RASTOGI, HON'BLE MR. JUSTICE ANIRUDDHA BOSE
Judgment text excerpt
The Supreme Court examined the applicability of Section 138 of the Negotiable Instruments Act, 1881, emphasizing that the drawer of a cheque is liable for dishonor if the cheque is returned due to insufficient funds. The Court established that the notice of demand must be served within 30 days of the cheque's return, and failure to do so results in the dismissal of the complaint. The Court upheld the conviction of the accused under Section 138, affirming the lower court's decision.