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Supreme Court of India · 2019-03-13

RIPUDAMAN SINGH vs BALKRISHNA

Citation / case number
SC 2016/19813
Court
Supreme Court of India
Petitioner
RIPUDAMAN SINGH
Respondent
BALKRISHNA
Author
HON'BLE THE CHIEF JUSTICE
Bench
HON'BLE MR. JUSTICE HEMANT GUPTA HON'BLE THE CHIEF JUSTICE

Judgment text excerpt

The Supreme Court held that the High Court erred in quashing the complaints under Section 138 of the Negotiable Instruments Act, 1881, as the cheques were issued for the payment of balance consideration in a sale agreement. The Court emphasized that the existence of a pending civil suit does not negate the liability under the cheques unless explicitly stated in the agreement. The Court reversed the High Court's decision, reinstating the complaints and allowing the proceedings to continue.

RIPUDAMAN SINGH vs BALKRISHNA · Niyam