Supreme Court of India · 2019-03-28
Susanta Dey vs Babli Majumdar
- Citation / case number
- AIR 2019 SUPREME COURT 1661
- Court
- Supreme Court of India
- Petitioner
- Susanta Dey
- Respondent
- Babli Majumdar
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court held that the High Court erred in allowing the revision under Section 138 of the Negotiable Instruments Act, 1881, by deciding the merits of the complaint instead of addressing the legality of the Appellate Court's remand order. The Court emphasized that the High Court should have either upheld the remand for fresh evidence or declared it illegal, but not adjudicated the complaint itself. Consequently, the Supreme Court set aside the High Court's order and remanded the case back to the Appellate Court for a fresh decision on merits.