AIR 2019 SUPREME COURT 3272 ::AIROnline 2019 SC 460 ::2019 ACD 822 (SC) ::(2019) 2 RecCriR 1021 ::(2019) 2 ALD(CRL) 418

Supreme Court Of India

(From: Bombay)*

Hon'ble Judge(s): L. Nageswara Rao, M. R. Shah , JJ

Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Notice - Validity - Cheque issued in favour of complainant to return loan amount - Loan amount mentioned in demand notice and cheque amount same i.e. Rs. 50,000/- - Notice cannot be said to be defective - Conviction proper. There is no dispute regarding the proposition that the notice issued under Section 138 of the NI Act has to be only for the cheque amount and not for any other amount more than the cheque amount. In the judgments referred to above the notice issued under Section 138 of the NI Act referred to loan amounts which were much higher than the cheque amounts. Whereas, in the present case, the loan amount and the cheque amount is the same i.e., Rs.50,000/-. Hence, conviction of accused for offence punishable under S. 138 would be proper.