VidhiSangh

Supreme Court of India · 10/02/2021

M/S. KALAMANI TEX & ANR versus P. BALASUBRAMANIAN

[2021] 1 S.C.R. 668 · 2021 INSC 72

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Summary

The Supreme Court upheld reversal of an acquittal for cheque dishonour because the trial court had ignored the statutory presumptions arising from admitted signatures. Bare denial and unrelated evidence about the complainant’s bank debt did not establish a probable defence. While declining additional compensation not sought through a challenge to the High Court judgment, the Court directed payment of the deposited cheque amount with accrued interest and, on the particular facts, dispensed with the managing partner’s imprisonment.

Issues

  1. Whether ignoring the statutory presumptions justified appellate reversal of the acquittal.
  2. Whether the defence rebutted those presumptions and what relief should follow the deposit of the cheque amount.

Provisions considered

Held

Result

Appeal dismissed on merits, with modification dispensing with the managing partner’s imprisonment and directing transfer of Rs.11.20 lakh with accrued interest to the complainant within two weeks.

Judgment PDF: Supreme Court of India, [2021] 1 S.C.R. 668.