VidhiSangh

Supreme Court of India · 05/05/2025

RAJENDRA ANANT VARIK versus GOVIND B. PRABHUGAONKAR

[2025] 6 S.C.R. 303 · 2025 INSC 633

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Summary

The High Court reversed an acquittal and restored the appellant's conviction under Section 138 of the Negotiable Instruments Act without dealing with the First Appellate Court's finding that the complainant was an unlicensed money-lender under the Goa Money-Lenders Act, 2001, which was a valid defence. Since the cheque amount and compensation had already been paid, the Supreme Court invoked Article 142 to compound the offence and acquit the appellant.

Issues

  1. Whether the High Court's reversal of the acquittal could stand when it did not consider the defence based on the Goa Money-Lenders Act, 2001.
  2. Whether, the cheque amount and compensation having been paid, the offence under Section 138 of the Negotiable Instruments Act should be compounded and the accused acquitted.

Provisions considered

Held

Result

Appeal allowed; offence under Section 138 of the NI Act compounded under Article 142 and the appellant acquitted, subject to the entire Rs. 2,30,000 deposited by him being paid to the complainant if not already paid; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 6 S.C.R. 303.