VidhiSangh

Supreme Court of India · 15/03/2019

ROHITBHAI JIVANLAL PATEL versus STATE OF GUJARAT & ANR.

[2019] 5 S.C.R. 417 · 2019 INSC 393

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Summary

The Supreme Court affirmed reversal of acquittals for dishonour of seven cheques. Admitted signatures and the established foundational facts attracted presumptions of consideration and enforceable debt, which the accused failed to rebut by a probable defence. Bare denial and unsupported suggestions could not displace them, especially in light of his written debt acknowledgment. The Court removed substantive imprisonment but retained fines totalling Rs 42 lakh, with concurrent default imprisonment if unpaid.

Issues

  1. Whether the accused rebutted the statutory cheque presumptions.
  2. Whether the High Court properly reversed acquittal.
  3. Whether the sentence required modification.

Provisions considered

Held

Result

Appeal partly allowed: seven convictions upheld. Substantive imprisonment removed; Rs 6 lakh fine per case payable within two months, with one-year concurrent default sentences. Rs 5.5 lakh per case payable to complainant from recovered fines; trial court to enforce.

Judgment PDF: Supreme Court of India, [2019] 5 S.C.R. 417.