Supreme Court of India · 2022-10-11
DASHRATHBHAI TRIKAMBHAI PATEL vs HITESH MAHENDRABHAI PATEL
- Citation / case number
- SC 2022/12508
- Court
- Supreme Court of India
- Petitioner
- DASHRATHBHAI TRIKAMBHAI PATEL
- Respondent
- HITESH MAHENDRABHAI PATEL
- Author
- HON'BLE THE CHIEF JUSTICE
- Bench
- HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE THE CHIEF JUSTICE
Judgment text excerpt
The Supreme Court examined the applicability of Section 138 of the Negotiable Instruments Act, focusing on whether a dishonoured cheque must represent an enforceable debt at the time of encashment. The court upheld the High Court's dismissal of the appeal, affirming that the cheque in question did not represent an enforceable debt when dishonoured. Consequently, the appeal was dismissed, reinforcing the legal interpretation of enforceability in cheque transactions.