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.