VidhiSangh

Supreme Court of India · 17/10/2019

UTTAM RAM versus DEVINDER SINGH HUDAN & ANR.

[2019] 13 S.C.R. 425 · 2019 INSC 1160

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Summary

The complainant challenged acquittal in a cheque-dishonour case arising from settled apple-packing accounts. Although issuance and statutory requirements were established and the presumption remained unrebutted, the courts below dismissed the complaint over discrepancies in quantities and rates. The Supreme Court held that approach perverse, convicted the drawer and imposed a fine of twice the cheque amount with litigation costs.

Issues

  1. Whether the acquittal disregarded the statutory presumption of debt and the evidence of settled accounts.

Provisions considered

Held

Result

The appeal was allowed and the respondent convicted under section 138. He was directed to pay Rs.10,77,712 as fine and Rs.1 lakh litigation costs within three months, failing which he would undergo six months’ imprisonment.

Judgment PDF: Supreme Court of India, [2019] 13 S.C.R. 425.