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.