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october 2013

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.

SOMNATH SARKAR vs UTPAL BASU MALLICK · Niyam