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july 2012

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.

R.Mohan vs A.K. Vijaya Kumar · Niyam