Supreme Court of India · 2009-05-05
VISHNU DUTT SHARMA vs DAYA SAPRA
- Citation / case number
- SC 2008/7833
- Court
- Supreme Court of India
- Petitioner
- VISHNU DUTT SHARMA
- Respondent
- DAYA SAPRA
- Author
- S.B. SINHA
Judgment text excerpt
The Supreme Court addressed the impact of a criminal judgment on a pending civil suit, specifically regarding the applicability of res judicata. The Court held that findings from a criminal proceeding under Section 138 of the Negotiable Instruments Act do not operate as res judicata in a civil suit for recovery of money, as the nature of the proceedings is distinct. The High Court's ruling that the civil suit was an abuse of process was overturned, affirming the appellant's right to pursue the civil claim despite the criminal acquittal.