LD(Crl.) 1 (SC ), 2022 (3 ) ALT (Crl.) 193 (A.P.), IV (2022 )BC609 (SC ), 2022 (4 )CivilCC(S.C. ), [2022 ]235 CompCas212 (SC ), 2022 (4 )Crimes67 (SC ), 2022 (4 )CriminalCC230 , 2023 (1 )ICC32 (SC ), 2022 INSC 970 , 2023 (1 )JKJ249 [SC ], 2022 (6 ) KHC 215 , 2023 (1 )KLJ443 , 2022 (3 ) MWN (Cr.) D.C.C. 51 (NULL ), 2023 (1 )N.C.C.444 , 2022 (4 )RCR(Criminal)743 , (2023 )10 SCC685 , [2023 ]175 SCL242 (SC ), 2022 (3 )UC1925 , ,MANU/SC/1189/2022
Surya Kant#J.B. Pardiwala#286SC3050Judgment/OrderAIR#ALD(Cri)#ALT (Criminal)#BC#CivilCC#CompCas#Crimes#CriminalCC#ICC#INSC#JKJ#KHC#KLJ#MANU#MWN (Cr.) D.C.C.#NCC#RCR (Criminal)#SCC#SCL#UCJ.B. Pardiwala,SUPREME COURT OF INDIABank#Banker#Bouncing of Cheque#Charge#Cheque#Commission of Offence#Commission of the Offence#Common Law#Consideration#Credit#Criminal Liability#Debt#Defraud#Demand#Dishonour#Dishonour of Cheque#Dishonoured Cheque#Employee#Enquiry#Framing of Charge#Holder#Holder in Due Course#Instrument#Insufficiency of Fund#Maximum Sentence#Negligence#Negotiable#Negotiable Instrument#Notice of Dishonour#Offence Punishable with Imprisonment#Payee#Punishable with Imprisonment#Sale#Series of Act#Sufficient Fund2022-9-1925842,17483,25845,25846,16805,18448,18453,16564 -->
MANU/SC/1189/2022
True Court CopyTM English
IN THE SUPREME COURT OF INDIA
Criminal Appeal No. 1586 of 2022 (Arising out of Special Leave Appeal (Criminal) No. 9811 of 2021)
Decided On: 16.09.2022
Appellants: S.P. Mani and Mohan Dairy Vs. Respondent: Snehalatha Elangovan
Hon'ble Judges/Coram:
Surya Kant and J.B. Pardiwala JUDGMENT
J.B. Pardiwala, J.
1. Leave granted.
2. This appeal is at the instance of the original complainant of a complaint filed Under Section 138 of the Negotiable Instruments Act, 1881 (for short, "the NI Act") and is directed against the order passed by the High Court of Madras dated 16.02.2021 in the Criminal Original Petition No. 1063 of 2021 filed by the Respondent herein (Accused No. 03) Under Section 482 of the Code of Criminal Procedure (for short, "the Code"), whereby the High Court allowed the application and quashed the criminal proceedings initiated against the Respondent herein in the court of the Judicial Magistrate Fast Track Court No. -II, Erode.
3. There are some legal issues with a never-ending debate. The debate on such legal issues goes on and on despite there being plethora of case law on the subject. The NI Act by now is almost three decades old. Section 141 of the NI Act is on the statute past more than three decades. There are various decisions of this Court and High Courts explaining the true purport of Section 141 of the NI Act. However, the debate on Section 141 of the NI Act is never ending. The present litigation is also one in which we have been called upon to look into Section 141 of the NI Act.
FACTUAL MATRIX
4. The facts of this case are plain and simple. The Appellant herein (original complainant) is engaged in the business of milk and milk products. The Respondent herein is one of the partners of a Partnership Firm running in the name of Sira Marketing Services. The firm used to purchase milk and milk products from the Appellant/complainant on credit basis. T........