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october 2016

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.

Shyam Pal vs Dayawati Besoya And Anr · Niyam