Supreme Court of India · 2013-10-07
SOMNATH SARKAR vs UTPAL BASU MALLICK
- Citation / case number
- SC 2011/22997
- Court
- Supreme Court of India
- Petitioner
- SOMNATH SARKAR
- Respondent
- UTPAL BASU MALLICK
- Author
- VIKRAMAJIT SEN
- Bench
- VIKRAMAJIT SEN T.S. THAKUR
Judgment text excerpt
The Supreme Court held that under Section 138 of the Negotiable Instruments Act, 1881, the appellant's liability for the dishonoured cheque of Rs.69,500 was established, and the compensation of Rs.80,000 was deemed appropriate. The Court modified the High Court's order, reducing the compensation to Rs.20,000, with a six-month imprisonment in default of payment. The judgment clarified the ambiguity regarding the total liability of the appellant and emphasized the need for justice in the circumstances of the case.