VidhiSangh

Supreme Court of India · 01/10/2024

M/S S.S. PRODUCTION AND ANR. P1: M/S S. S. PRODUCTION P2: TR. S. SUBBIAH versus TR. PAVITHRAN PRASANTH

[2024] 10 S.C.R. 2248 · 2024 INSC 1059

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Summary

The Court refused special leave against concurrent convictions under Section 138 of the Negotiable Instruments Act. The accused admitted receiving the money and signing the cheques, and a bare plea that the money was a joint film investment, unsupported by evidence, did not rebut the Section 139 presumption or shift the onus to the complainant. Because the five convictions arose from one transaction between the same parties, the Court directed that the sentences run concurrently.

Issues

  1. Whether the accused rebutted the presumption under Sections 118 and 139 of the NI Act by pleading that the amounts were invested in a jointly produced film, when the complainant had not produced accounts or Income Tax Returns.
  2. Whether the sentences in the five complaints, arising from the same transaction, should run concurrently.

Provisions considered

Held

Result

Special leave petitions dismissed. The six-month sentences in the five cases were directed to run concurrently; compensation unpaid within six months is to be recovered as a public debt and paid to the complainant; petitioner no. 2's exemption from surrender was withdrawn and he was directed to surrender within three weeks.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 2248.