Case Brief on UPASANA MISHRA v. TREK TECHNOLOGY INDIA PVT. LTD

Chambers of Ishaan Garg

Ch. No. 217, Western Wing, District & Sessions Court, Tis Hazari, New Delhi, Delhi 110054

+91 8851742417, +91 8800386163


Case Title: UPASANA MISHRA v. TREK TECHNOLOGY INDIA PVT. LTD.


Finding the demand raised in a notice issued under Section 138 of the Negotiable Instruments Act, 1881, to be omnibus in nature, the Hon'ble Supreme Court quashed a criminal case for the dishonour of a cheque.

The respondent in his notice did not ask for the total amount due but simply asked for the amount of cheque and compensation of same amount plus Rs.50,000/- for mental harassment. The amount of compensation and harassment are severable and to my mind would not invalidate the legal notice.