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CHEQUE BOUNCE : Latest BIG Supreme Court Judgment

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A “Cheque Bounce” or dishonored cheque, occurs when a bank refuses to process a cheque for payment and returns it to the payee with a memo explaining the reason.

Today, in this video adv. Papia (Decode The Law) will a landmark supreme court judgment related to Section 138 of the Negotiable Instruments Act deals with the offense cheque bounce. In this judgment supreme court observed the provision of Section 138 of Negotiable Instrument Act. In this case supreme court case in the case of Kaveri Plastics v. Mahdoom Bawa Bahrudeen Noorul, the Supreme Court of India ruled that a demand notice issued under Section 138 of the Negotiable Instruments Act, 1881 must demand payment of the exact amount of the dishonoured cheque. The court held that any discrepancy in the amount mentioned in the notice, even if minor or claimed to be a "typographical error," invalidates the notice and renders the prosecution under the NI Act untenable. In its judgment dated September 19, 2025, the Supreme Court, through a bench of Chief Justice B.R. Gavai and Justice N.V. Anjaria, upheld the High Court's decision and dismissed the appeal.

Section 138 of India's Negotiable Instruments Act, 1881, makes the dishonor of a check for insufficient funds a criminal offense. To trigger this section, a check drawn for a debt must be presented to the bank, returned unpaid, and the payee must then issue a written demand for payment to the drawer within 30 days of receiving bank notice. The punishment can include imprisonment for up to two years, a fine up to twice the check amount, or both.

Judgement link: https://indiankanoon.org/doc/175356438/

00:00- inward
00:51- supreme court decision & 5 grounds
06:18- legal provision
06:55- outro

Acts and sections used in this video: Section 138 in The Negotiable Instruments Act, 1881 or Section 138 of the NI Act
138. Dishonour of cheque for insufficiency, etc., of funds in the account.— For a Section 138 offense to occur, the following must happen:
Drawal of the Check: The check must be drawn by a person to discharge a legally enforceable debt or other liability.

Presentation of the Check: The check must be presented to the bank within six months of being drawn or within its validity period, whichever is earlier.
Return of the Check Unpaid: The bank returns the check because the funds in the account are insufficient to honor it or exceed the agreed-upon overdraft limit.

Issuance of a Notice: The payee or holder in due course must give the drawer a written notice demanding payment within 30 days of receiving information from the bank about the unpaid check.

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