Supreme Court of India · 2016-10-28
Shyam Pal vs Dayawati Besoya And Anr
- Citation / case number
- AIR 2016 SC 5021
- Court
- Supreme Court of India
- Petitioner
- Shyam Pal
- Respondent
- Dayawati Besoya And Anr
- Author
- Amitava Roy
- Bench
- Amitava Roy, Dipak Misra
Judgment text excerpt
The Supreme Court upheld the conviction of the appellant under Section 138 of the Negotiable Instruments Act, 1988, affirming the High Court's decision which maintained a sentence of 10 months simple imprisonment and a fine of Rs.6,50,000 as compensation, while reducing the default sentence from six months to three months. The Court emphasized the presumption under Section 139 of the Act, stating that the signatures on the cheques were undisputed and issued in discharge of legally recoverable debts. The appeal was dismissed, confirming the lower courts' findings and sentences.