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october 2007

Supreme Court of India · 2007-10-12

JOHN K. JOHN vs TOM VARGHESE

Citation / case number
SC 2005/26048
Court
Supreme Court of India
Petitioner
JOHN K. JOHN
Respondent
TOM VARGHESE
Author
HARJIT SINGH BEDI S.B. SINHA
Bench
HARJIT SINGH BEDI S.B. SINHA

Judgment text excerpt

The Supreme Court held that the dishonor of cheques issued by the respondent constituted an offence under Section 138 of the Negotiable Instruments Act, as the cheques were issued in relation to a debt. The Court found that the High Court erred in setting aside the conviction and sentence imposed by the Trial Judge and upheld by the Appellate Court, emphasizing that the existence of a debt was established through the evidence presented. Consequently, the Supreme Court reinstated the conviction and sentence against the respondent.

JOHN K. JOHN vs TOM VARGHESE · Niyam