Supreme Court of India
Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel & Anr
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1 Supreme Court bench has cited this judgment.
What the Court ordered
In view of the above discussion, at the time of the encashme nt of the DASHRATHBHAI TRIKAMBHAI PATEL v.
Judgment, page 16
From the headnote
Negotiable Instruments Act, 1881 – s.138 and s.56 r/w s.15 – Legally enforceable debt on the date of maturity – Whether o ffence u/s.138 would deem to be committed if the cheque that is dishonoured does not represent the enforceable debt at the time of enc ashment – Whether s.138 would still be attracted when the drawer of the cheque makes a part payment towards the debt or liability after the cheque is drawn but before the cheque is encashed, for the d ishonour of the cheque which represents the full sum – Held: For commis sion of an offence u/s.138, the cheque that is dishonoured must
Authorities it was built on
- 1999 Nepc Micon Ltd. and Ors. v. Magma Leasing Ltd.
- 2014 M/s. Indus Airways Pvt. Ltd. & Ors. v. M/s. Magnum Aviation Pvt. Ltd. & Anr.
- 2016 Sampelly Satyanarayana Rao v. Indian Renewable Energy Development Agency Limited
- 2007 Mis. Rahul Builders v. M/s. Arihant Fertilizers and Chemical and Anr.
- 2003 K.R. Indira v. Dr. G. Adinarayana
Where later benches applied it
Of those, 1 mentioned
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