Supreme Court · 2022 INSC 1067 · Decided 11 October 2022
Dashrathbhai Trikambhai Patel v. Hitesh Mahendrabhai Patel & Anr
- Court
- Supreme Court of India
- Citation
- 2022 INSC 1067 · [2022] 16 S.C.R. 522
- Case number
- CRIMINAL APPEAL No. 1497/2022
- Decided
- 11 October 2022
- Bench
- D.Y. CHANDRACHUD, HIMA KOHLI (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- NI Act Section 138
Headnote
Negotiable Instruments Act, 1881 - s.138 and s.56 r/w s.15 - Legally enforceable debt on the date of maturity - Whether offence u/s.138 would deem to be committed if the cheque that is dishonoured does not represent the enforceable debt at - 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 dishonour of the cheque which represents the full sum - Held: For commission of an
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