VidhiSangh

Supreme Court of India · 14/02/2020

APS FOREX SERVICES PVT. LTD. versus SHAKTI INTERNATIONAL FASHION LINKERS & ORS.

[2020] 2 S.C.R. 811 · 2020 INSC 195

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Summary

The Supreme Court reversed acquittals in two cheque dishonour prosecutions. Admission of issuance and signature attracted the statutory presumption of a legally enforceable debt. The accused did not rebut it: the security-cheque explanation was inconsistent with replacement cheques issued after earlier dishonours, and payment of the outstanding liability was not proved. The Court distinguished cases in which a probable defence specifically puts the complainant’s financial capacity in issue.

Issues

  1. Whether admitted execution of the cheques attracted the presumption of enforceable liability and whether the accused rebutted it.
  2. Whether the complainant had to establish financial capacity without a probable defence questioning it.

Held

Result

Both appeals allowed and all accused convicted under Section 138. In each appeal, accused 2–4 sentenced to three months’ simple imprisonment and a fine of Rs 10,000 each, with one month’s simple imprisonment in default. All respondents directed to pay compensation within eight weeks: Rs 19,11,148 in Criminal Appeal 271 of 2020 and Rs 8,00,000 in Criminal Appeal 272 of 2020.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 811.