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october 2016

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.

SHYAM PAL vs DAYAWATI BESOYA · Niyam