VidhiSangh

Supreme Court of India · 09/04/2024

M/S RAJCO STEEL ENTERPRISES versus KAVITA SARAFF AND ANOTHER

[2024] 4 S.C.R. 255 · 2024 INSC 288

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Summary

The Court declined Article 136 interference with concurrent appellate acquittals in four cheque-dishonour cases. On the evidence, the accused offered a plausible explanation for receipt of funds through stock-market dealings, while the claimed financial assistance was not established or reflected in the firm’s balance sheet. The findings on absence of enforceable debt and rebuttal of the statutory presumption were neither perverse nor unsupported. All four special leave petitions were dismissed without costs.

Issues

  1. Whether concurrent findings supporting acquittal were perverse or based on no evidence.
  2. Whether the accused’s explanation and the evidentiary record justified the finding on enforceable debt and statutory presumption.

Provisions considered

Held

Result

All four special leave petitions dismissed; concurrent appellate acquittals left undisturbed. Pending applications disposed of; no costs.

Judgment PDF: Supreme Court of India, [2024] 4 S.C.R. 255.