VidhiSangh

Supreme Court of India · 21/10/2024

BIJAY AGARWAL versus M/S MEDILINES

[2024] 10 S.C.R. 1890 · 2024 INSC 918

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Summary

Extending Shri Gurudatta Sugars Marketing (on Section 143A) to Section 148 of the Negotiable Instruments Act, 1881, the Supreme Court held that an officer who merely signs a company's cheque as authorised signatory is not its 'drawer'. The appellate court therefore cannot, on that basis alone, require him to deposit 20% of the fine or compensation as a condition for suspending his sentence. The deposit condition was set aside.

Issues

  1. Whether an authorised signatory of a cheque issued by a company is the 'drawer' of the cheque for the purposes of Section 148 of the Negotiable Instruments Act, 1881.
  2. Whether the appellate court could direct such a signatory, convicted under Section 138, to deposit 20% of the fine or compensation under Section 148(1) as a condition for suspension of sentence.

Provisions considered

Held

Result

Appeals allowed; High Court's common order dated 09.01.2024 set aside; Sessions Court orders of 10.11.2023 quashed to the extent they required deposit of 20% of the fine. Suspension of sentence restored on the bond condition until disposal of the pending appeals, which the First Appellate Court is to decide expeditiously.

Judgment PDF: Supreme Court of India, [2024] 10 S.C.R. 1890.