Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Dishonour of cheque |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Code of Criminal Procedure, 1973 (2 of 1974) Negotiable Instruments Act, 1881 (26 of 1881) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 Referred Case 11 |
Case Type | Special Leave Petition |
Court | Supreme Court of India |
Disposal Nature | Petition Dismissed |
Headnote | Negotiable Instrument Act, 1881 – ss. 118/139 – Dishonour of cheque – Sum involved therein, if advanced in discharge of a legally enforceable debt – Raising of presumption u/s. 139 – Complaint by partnership firm alleging dishonour of cheques issued by the respondent no. 1 on the ground of insufficiency of funds – Case of partnership firm that it had granted financial assistance to the respondent no.1 and the said cheques were issued in discharge of her liability – Respondent no.1’s case that money was advanced to the respondent no.1 for undertaking stock market related transactions through her account – Trial court convicted the respondent no. 1 u/s. 138 since she failed to rebut the presumption – However, the first appellate court acquitted the respondent no. 1 holding that she rebutted the presumption – High Court upheld the same – Interference with: Held: Not called for – As regards the sum involved in the cheques advanced in discharge of a legally enforceable debt or not, the complainant failed to show if any sum was advanced towards financial assistance – High Court found that the debt/liability, in discharge of which, according to the complainant, the cheques were issued, did not reflect in the complainant’s balance-sheet – Other partners of the firm did not depose as prosecution witnesses to establish that the cheque-amounts were advanced to the respondent no. 1 as financial assistance – Respondent no. 1 has put up a plausible defence as regards the reason for which the complainant’s funds had come to her account – Both the appellate fora, on going through the evidence did not find existence of any “enforceable debt or other liability” – Thus, it cannot be held that the findings of the High Court and the first appellate court were perverse, or based on no evidence. [Paras 11, 12] |
Judge | Hon'ble Mr. Justice Aniruddha Bose |
Neutral Citation | 2024 INSC 288 |
Petitioner | M/s Rajco Steel Enterprises |
Respondent | Kavita Saraff And Another |
SCR | [2024] 4 S.C.R. 255 |
Judgement Date | 2024-04-09 |
Case Number | 5583 |
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