In a landmark ruling, the Supreme Court of India has clarified the interplay between civil and criminal proceedings in cases of cheque dishonour under Section 138 of the Negotiable Instruments Act. The Court emphasized that while civil judgments are not binding on criminal courts, they are relevant for certain limited purposes such as determining sentences or damages.
Supreme Court on Cheque Dishonour
The case involved parallel civil and criminal proceedings between the same parties regarding a cheque. The appellant had initiated civil proceedings to restrain the encashment of the cheque, while the respondent filed criminal proceedings for cheque dishonour under Section 138 of the Act. The appellant was convicted by the criminal court and sentenced to imprisonment and a fine, while the civil court decreed in favor of the appellant, restraining encashment of the cheque.
The Supreme Court, led by a bench comprising Justices Sanjay Karol and Aravind Kumar, examined the conflict between the civil and criminal court decisions. While acknowledging that civil judgments do not bind criminal courts outright, the Court held that the sentence and damages imposed by the criminal court would be unsustainable if they conflict with a civil court's finding that the cheque was offered as security.
The Court relied on the precedent set in the case of K.G. Premshanker vs. Inspector of Police & Anr, emphasizing that the ratio of civil proceedings would be binding on criminal proceedings for specific purposes, such as sentencing or damages. Additionally, the judgment underscored the principles outlined in the Constitution Bench decision of Iqbal Singh Marwah vs. Meenakshi Marwah, which affirmed that conflicting decisions between civil and criminal courts are not relevant except for limited purposes.
The Supreme Court's ruling clarifies the legal position regarding the impact of civil judgments on criminal proceedings, particularly in cases of cheque dishonour. By setting this precedent, the Court ensures consistency and fairness in judicial proceedings while upholding the principles of justice and equity. This decision reaffirms the importance of considering civil court findings in criminal matters, especially when determining sentences or damages, thereby promoting coherence and integrity within the legal system.
Central Adoption Resource Authority (CARA) has directed State Adoption Resource Agencies to improve organised counselling before, during, and after adoption
Central Adoption Resource Authority (CARA) has directed State Adoption Resource Agencies to improve organised counselling before, during, and after adoption
UNICEF has recognised Kerala's KITE initiative as a global best practice in responsible EdTech
India successfully tested the Akash Prime missile system at high altitude in Ladakh
Rising dowry-related deaths in states like Chandigarh, Tamil Nadu, and Uttar Pradesh have drawn national attention
Visioning India’s Future: A Conversation with Prof. Prabhat Ranjan on Innovation, Education, and Nation Building
Chilling bomb threat emails hit 40 Bengaluru schools sparking massive police searches
UPSC builds bridge for ‘almost there’ aspirants: New portal links civil services near-misses to private jobs
Bengaluru stampede: Karnataka govt blames RCB and Virat Kohli video for deadly crowd surge
Bihar polls: Nitish Kumar doles out free electricity in early bid to woo voters
Central Adoption Resource Authority (CARA) has directed State Adoption Resource Agencies to improve organised counselling before, during, and after adoption
Central Adoption Resource Authority (CARA) has directed State Adoption Resource Agencies to improve organised counselling before, during, and after adoption
UNICEF has recognised Kerala's KITE initiative as a global best practice in responsible EdTech
India successfully tested the Akash Prime missile system at high altitude in Ladakh
Rising dowry-related deaths in states like Chandigarh, Tamil Nadu, and Uttar Pradesh have drawn national attention
Visioning India’s Future: A Conversation with Prof. Prabhat Ranjan on Innovation, Education, and Nation Building
Chilling bomb threat emails hit 40 Bengaluru schools sparking massive police searches
UPSC builds bridge for ‘almost there’ aspirants: New portal links civil services near-misses to private jobs
Bengaluru stampede: Karnataka govt blames RCB and Virat Kohli video for deadly crowd surge
Bihar polls: Nitish Kumar doles out free electricity in early bid to woo voters
Copyright© educationpost.in 2024 All Rights Reserved.
Designed and Developed by @Pyndertech