Understanding Section 138 of Negotiable Instrument: Insights from Kusum Ingots Judgment

The Supreme Court’s ruling in Kusum Ingots & Alloys Ltd. v. Pennar Peterson Securities Ltd. clarified the interpretation of Section 138 of the Negotiable Instruments Act and its relation to the Sick Industrial Companies Act. It affirmed that merely being deemed a “sick” company does not automatically exempt businesses from criminal prosecution for cheque dishonor, emphasizing strict compliance with statutory requirements.