Supreme Court of India · 2016-10-28
SHYAM PAL vs DAYAWATI BESOYA
- Citation / case number
- SC 2016/14629
- Court
- Supreme Court of India
- Petitioner
- SHYAM PAL
- Respondent
- DAYAWATI BESOYA
- 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 reiterated that the presumption under Section 139 of the Act applies when the signatures on the cheques are not disputed, establishing that dishonor of cheques due to insufficient funds constitutes an offence under Section 138. The appeal was dismissed, affirming the lower courts' findings and sentences.