# ABHAYKUMAR ANANDKUMAR BHAMBORE & ANR. vs. ORTHO RELIEF HOSPITAL AND RESEARCH CENTRE & ANR.

> SC judgment dated 16 Apr 2026. Citation: TCN-2026-SC-00028. The petitioners, Abhaykumar Anandkumar Bhambore & Anr., who were also accused, obtained a loan of…

- **Court:** SC
- **Order date:** 16 Apr 2026
- **Citation:** TCN-2026-SC-00028
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/abhaykumar-anandkumar-bhambore-anr-vs-ortho-relief-hospital-and-research-centre-57732ac8

## Summary

### Background

The petitioners, Abhaykumar Anandkumar Bhambore & Anr., who were also accused, obtained a loan of Rs. 15,00,000/- from respondent No.1, Ortho Relief Hospital and Research Centre & Anr. The petitioners allegedly repaid this amount using a post-dated cheque dated 12.12.2018. Petitioner No.1 signed the cheque in his capacity as a director and authorized signatory of respondent No.2 company, of which petitioner No.2 was also a director. The cheque was subsequently dishonoured on 14.12.2018. Following this, respondent No.1 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), which was registered as S.C.C. No. 7281/2019. On 08.04.2019, an order of liquidation was passed against respondent No.2 company (accused No.1). Subsequently, the

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## Facts

Petitioners/accused took a loan of Rs. 15,00,000/- from respondent No.1/complainant.

The loan amount was allegedly repaid through a post-dated cheque dated 12.12.2018.

Petitioner No.1 signed the cheque as a director and authorized signatory of respondent No.2 company.

Petitioner No.2 is also a director of respondent No.2 company.

The cheque was dishonoured on 14.12.2018.

On 18.02.2019, respondent No.1 filed a complaint under Section 138 of the Negotiable Instruments Act, 1881 (NI Act), registered as S.C.C. No. 7281/2019.

On 08.04.2019, an order of liquidation was passed against respondent No.2 company (accused No.1).

The petitioners filed an application for discharge, which the Trial Court allowed on 31.01.2025.

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## Issues and analysis

### Issue 1: Whether liability under Section 138 of the Negotiable Instruments Act, 1881, subsists despite the …

**Ratio:** Liability under Section 138 of the Negotiable Instruments Act, 1881, is not automatically

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**Reasoning:** The High Court had explicitly observed that 'liability under S.138 of the NI Act would

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**Interpretation:** The Supreme Court's dismissal of the Special Leave Petition signifies an

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**Application:** In the present case, despite the corporate debtor (respondent No.2 company)

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## Parties

- **Judges:** B.V. NAGA…; UJJAL B…
- **Appellants:** ABHAYKUMAR…
- **Respondents:** ORTHO RELIEF…
- **Other parties:** Dishonour of…; Negotiable…; +4 more

## Timeline

- **12.12.2018 — Cheque D…**: Petitioners allegedly repaid the loan…
- **14.12.2018 — Cheque Dish…**: The post-dated cheque issued by…

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