Supreme Court of India · 2012-07-03
R.Mohan vs A.K. Vijaya Kumar
- Citation / case number
- AIR 2012 SC (CRIMINAL) 1340
- Court
- Supreme Court of India
- Petitioner
- R.Mohan
- Respondent
- A.K. Vijaya Kumar
- Bench
- Ranjana Prakash Desai, Aftab Alam
Judgment text excerpt
The Supreme Court upheld the conviction of the accused under Section 138 of the Negotiable Instruments Act, 1881, affirming the sentence of three months simple imprisonment and a compensation of Rs.5 lakhs to the complainant. The Court clarified that the High Court erred in setting aside the default sentence for non-payment of compensation, as the substantive sentence was independent. The Court emphasized the importance of the statutory notice under Section 138 and the validity of the cheque issued as security, ultimately ruling in favor of the complainant's claims.