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A.T. Sivaperumal v. Mohammed Hyath (D) by LRs.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 587 of 2017)Decided 27 Mar 2017
Criminal Appeal No. 587 of 2017
Justice Kurian Joseph · Justice R. Banumathi

Background

The appellant had borrowed Rs. 10,00,000 from the complainant to develop a sweets factory and issued a cheque for Rs. 10,22,419 towards repayment, which was dishonoured on presentation with the endorsement "account closed." The trial court acquitted the appellant for want of proof beyond reasonable doubt, but the Karnataka High Court reversed the acquittal, convicting him under Section 138 of the Negotiable Instruments Act and directing him to pay a fine-cum-compensation of Rs. 11,00,000. The appellant then approached the Supreme Court by special leave, having already deposited Rs. 3,00,000 as a condition of stay.

Decision Breakdown

When the matter came up for final hearing, the Supreme Court persuaded both sides to explore an amicable settlement, to which they agreed. The parties settled the dispute for a total of Rs. 6,00,000 (inclusive of the Rs. 3,00,000 already deposited). On this basis, the Court set aside the High Court's conviction, allowed the appeal, and acquitted the appellant of the Section 138 charge, while permitting withdrawal of the deposited amount and granting the appellant three months to pay the remaining Rs. 3,00,000, failing which contempt proceedings could follow.

Lesson Learnt

Even a criminal cheque-bounce conviction can be resolved through a negotiated settlement at the Supreme Court stage, resulting in acquittal, but courts will enforce the settlement terms strictly, including the threat of contempt for non-payment.

Official source (sci.gov.in)View Judgment (PDF)

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