VidhiSangh

Supreme Court of India · 28/10/2021

SRIPATI SINGH (SINCE DECEASED) THROUGH HIS SON GAURAV SINGH versus THE STATE OF JHARKHAND & ANR.

[2021] 10 S.C.R. 116 · 2021 INSC 687

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Summary

The Court restored cheque-dishonour complaints where cheques described as security were presented after the agreed loan-repayment period expired. Security cheques could mature for payment when the debt became due and remained unpaid; the description alone did not defeat Section 138. Repayment or altered arrangements remained trial defences. The separate cheating allegation failed because dishonour and non-repayment did not establish dishonest intention in the circumstances. The restored proceedings were confined to Section 138.

Issues

  1. Whether cheques issued as loan security could support Section 138 proceedings after repayment became due.
  2. Whether the facts also sustained the cheating allegation under Section 420 IPC.

Provisions considered

Held

Result

Appeals partly allowed without costs; High Court orders set aside to restore the Magistrate’s orders and complaints limited to Section 138 NI Act. Cheating proceedings not restored; merits left open. Pending application disposed of.

Judgment PDF: Supreme Court of India, [2021] 10 S.C.R. 116.