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august 2008

Supreme Court of India · 2008-08-01

D.PURUSHOTAMA REDDY vs K.SATEESH

Citation / case number
SC 2007/13052
Court
Supreme Court of India
Petitioner
D.PURUSHOTAMA REDDY
Respondent
K.SATEESH
Author
S.B. SINHA
Bench
S.B. SINHA,CYRIAC JOSEPH, , ,

Judgment text excerpt

The Supreme Court addressed the issue of whether amounts received in a criminal proceeding for dishonoured cheques should be adjusted in a civil suit for recovery of money. The Court held that a creditor can maintain a civil suit for recovery despite the pendency of a criminal case under Section 138 of the Negotiable Instruments Act, 1881. The Court affirmed the lower courts' decisions, emphasizing that the amount deposited in the criminal case does not negate the creditor's right to recover the full amount in civil proceedings.

D.PURUSHOTAMA REDDY vs K.SATEESH · Niyam