Supreme Court of India Judgements

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Category: Cheque Dishonour

Cheque Dishonour

“Civil vs. Criminal Standards: Supreme Court Overturns Dishonoured Cheque Conviction” – Supreme Court noted the difference in standards of proof in civil and criminal proceedings and emphasized that the criminal court should not be bound by the civil court’s decree in this case – The Supreme Court allowed the appeal, quashed the criminal proceedings, and ordered the return of damages imposed by the lower courts to the appellant.

Apr 3, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH PREM RAJ — Appellant Vs. POONAMMA MENON AND ANOTHER — Respondent ( Before : Sanjay Karol and Aravind Kumar, JJ. ) Criminal Appeal No.…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Sections 138 and 141 – Dishonour of cheque – Insufficient funds – Liability – According to Sections 138 and 141 of the Negotiable Instruments Act, a director who resigns from a company before a cheque is issued cannot be held responsible for cheque bouncing offenses.

Feb 25, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH VIREN SHAH — Appellant Vs. REDINGTON (INDIA) LIMITED — Respondent ( Before : B.R. Gavai and Sanjay Karol, JJ. ) Criminal Appeal No…2024…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Section 138 – Evidence Act, 1872 – Section 73 – Cheque Bounce – Comparison of signature – In an appropriate case, the certified copy of the specimen signature maintained by the Bank can be procured with a request to the Court to compare the same with the signature appearing on the cheque by exercising powers under Section 73 of the Evidence Act, 1872.

Feb 4, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH AJITSINH CHEHUJI RATHOD — Appellant Vs. STATE OF GUJARAT AND ANOTHER — Respondent ( Before : B.R. Gavai and Sandeep Mehta, JJ. ) Criminal…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Section 138 – Cheque Bounce – Default in payment of agreed amount – Violation of undertaking given before the High Court and further violated the condition contained in the order granting extension of time to comply – Order cancelling the order of suspension of sentence and bail is upheld.

Jan 11, 2024 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SATISH P. BHATT — Appellant Vs. THE STATE OF MAHARASHTRA AND ANOTHER — Respondent ( Before : Vikram Nath and Rajesh Bindal, JJ. )…

Cheque Dishonour

Negotiable Instruments Act, 1881 (NI) – Sections 138 and 139 – Dishonour of cheque – Appeal against acquittal – Rebuttal of rebuttal – Once the presumption under Section 139 was given effect to, the Courts ought to have proceeded on the premise that the cheque was, indeed, issued in discharge of a debt/liability. The entire focus would then necessarily have to shift on the case set up by the accused, since the activation of the presumption has the effect of shifting the evidential burden on the accused. The nature of inquiry would then be to see whether the accused has discharged his onus of rebutting the presumption. If he fails to do so, the Court can straightaway proceed to convict him – Order of acquittal set aside – Appeal allowed.

Oct 18, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH RAJESH JAIN — Appellant Vs. AJAY SINGH — Respondent ( Before : Aravind Kumar and S.V.N. Bhatti, JJ. ) Criminal Appeal No. of 2023…

Cheque Dishonour

Dishonour of cheque – Quashing of complaint – Merely because somebody is managing the affairs of the company, per se, he would not become in charge of the conduct of the business of the company or the person responsible to the company for the conduct of the business of the company – Person liable is in charge of and was responsible to the company for the conduct of the business of the company – Complaint quashed

Oct 15, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH SIBY THOMAS — Appellant Vs. M/S. SOMANY CERAMICS LTD. — Respondent ( Before : C.T. Ravikumar and Sanjay Kumar, JJ. ) Criminal Appeal No.…

Cheque Dishonour

Negotiable Instruments Act, 1881 – Sections 138 and 142 – Dishonour of Cheque – – The limitation period, as per Article 34 of the Limitation Act, begins when the fixed time expires, in this case, December 2016 – Therefore, the cheque, dated April 28, 2017, falls within the limitation period –

Sep 23, 2023 sclaw

SUPREME COURT OF INDIA DIVISION BENCH K. HYMAVATHI — Appellant Vs. THE STATE OF ANDHRA PRADESH AND ANOTHER — Respondent ( Before : A.S. Bopanna and Prashant Kumar Mishra, JJ.…

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Cr P C

Criminal Procedure Code, 1973 (CrPC) — Sections 451 & 457 — Release of Seized Property — Trial Court rejecting release application for iron ore on grounds of applicant’s failure to substantiate ownership — High Court setting aside trial court’s order without examining correctness of its finding on ownership — High Court should have either agreed with trial court’s finding on ownership or recorded reasons for disagreeing — Failure to do so warrants interference and remand.

Oct 12, 2025 sclaw
Evidence Act

Evidence Act, 1872 — Section 50 — Opinion as to relationship, when relevant — Opinion expressed by conduct of person with special knowledge on relationship is relevant — Essentials are court’s opinion, expression through conduct, and person having special knowledge — Conduct alone is not proof but an intermediate step to infer opinion — Opinion must be proved by direct evidence — Court needs to weigh evidence to form its own conclusion; Trial Court erred in treating opinion of witnesses as fact rather than evidence to be weighed and failed to independently assess credibility.

Oct 12, 2025 sclaw
Anticipatory Bail Corruption

Criminal Procedure Code, 1973 — Bail — Anticipatory Bail — Supreme Court granted leave to appeal against High Court’s rejection of bail in anticipation of arrest — Custodial interrogation not required — Appellant may be admitted to bail in anticipation of arrest upon arrest, subject to terms and conditions fixed by the trial court — Appellant directed not to dissuade witnesses from disclosing facts to authorities.

Oct 12, 2025 sclaw
Cr P C

Criminal Procedure Code, 1973 (CrPC) — Section 366 — Death Sentence Reference — Sentencing Procedure — Conviction and death penalty were pronounced on the same day without a proper inquiry into aggravating and mitigating circumstances, psychological evaluation, or jail conduct report. This haste violated established sentencing principles and vitiated the death sentence.

Oct 12, 2025 sclaw