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october 2013

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.

Somnath Sarkar vs Utpal Basu Mallick & Anr · Niyam