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august 2024

Supreme Court of India · 2024-08-07

Sri Dattatraya vs Sharanappa

Citation / case number
2024 INSC 586
Court
Supreme Court of India
Petitioner
Sri Dattatraya
Respondent
Sharanappa
Author
B.V. Nagarathna
Bench
B.V. Nagarathna

Judgment text excerpt

The Supreme Court upheld the acquittal of the Respondent in a case concerning dishonor of a cheque under Section 138 of the Negotiable Instruments Act, 1881, and Section 420 IPC. The Court found that the Appellant failed to establish the existence of a legally enforceable debt, as the agreement lacked the Respondent's signature and the Appellant's income tax returns did not reflect the loan transaction. The Court emphasized that mere issuance of a cheque does not imply liability without proof of the underlying debt.

Sri Dattatraya vs Sharanappa · Niyam