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august 2008

Supreme Court of India · 2008-08-01

D.Purushotama Reddy & Anr vs K.Sateesh

Citation / case number
AIR 2008 SUPREME COURT 3202
Court
Supreme Court of India
Petitioner
D.Purushotama Reddy & Anr
Respondent
K.Sateesh
Author
S.B. Sinha
Bench
Cyriac Joseph, S.B. Sinha

Judgment text excerpt

The Supreme Court addressed the issue of whether amounts received by a plaintiff in a criminal proceeding for dishonoured cheques should be adjusted in a subsequent civil suit for recovery of the same amount. The Court held that a civil suit for recovery of money is maintainable irrespective of ongoing criminal proceedings, but emphasized that the amounts paid in the criminal case must be considered in the civil suit to avoid unjust enrichment. The appeal was dismissed, affirming the lower courts' decisions without adjustment of the criminal compensation received.

D.Purushotama Reddy & Anr vs K.Sateesh · Niyam