Supreme Court of India · 2013-10-07
Somnath Sarkar vs Utpal Basu Mallick & Anr
- Citation / case number
- AIR 2014 SUPREME COURT 771
- Court
- Supreme Court of India
- Petitioner
- Somnath Sarkar
- Respondent
- Utpal Basu Mallick & Anr
- Author
- Vikramajit Sen
- Bench
- T.S. Thakur, Vikramajit Sen
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, the total compensation payable for a dishonoured cheque includes the cheque amount and any additional interest, clarifying that the total compensation of Rs.80,000/- was appropriate. The Court reduced the compensation amount to Rs.20,000/- to be paid within eight weeks, with a default sentence of six months imprisonment. The Court emphasized the need for clarity in the liability imposed by lower courts and confirmed that the complainant had already received the compensation.