VidhiSangh

Supreme Court of India · 13/03/2019

RIPUDAMAN SINGH versus BALKRISHNA

[2019] 5 S.C.R. 499 · 2019 INSC 362

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

The Supreme Court restored cheque-dishonour complaints arising from cheques for the balance price under an agreement to sell. Such an agreement can support an enforceable payment liability even though it creates no interest in land. Whether a contractual dispute clause suspended payment required evidence at trial, rather than quashing under Section 482 CrPC.

Issues

  1. Whether balance-price cheques under an agreement to sell could discharge an enforceable liability.
  2. Whether the alleged contractual condition postponing payment justified quashing.

Provisions considered

Held

Result

Appeals allowed; High Court order quashing the complaints set aside. Trial merits reserved; pending applications disposed of.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 499.