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.