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Supreme Court of India 2025-09-19 dismissed

Kaveri Plastics vs Mahdoom Bawa Bahrudeen Noorul

Bench: 2 — B.R. Gavai, N.V. Anjaria

In Brief

Kaveri Plastics issued a cheque for Rs. 1 crore that bounced due to insufficient funds. The company then sent two demand notices under Section 138 of the Negotiable Instruments Act asking for Rs. 2 crores instead. When the drawer challenged the complaint, arguing the notice discrepancy was a typographical error, the High Court quashed it. The Supreme Court upheld this decision, holding that a demand notice under Section 138 must specify the exact cheque amount. Even if other cheque details are mentioned, an incorrect amount makes the notice invalid. Since this notice is a mandatory condition in a penal statute, strict compliance applies—no leniency for typographical errors. The Court dismissed the appeal.

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Negotiable Instruments Criminal Procedure Penal Statutes Cheque Dishonour Statutory Compliance Demand Notice

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