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Don Ayengia v. The State of Assam & Anr.

Criminal Appeal · Neutral citation not assigned (Criminal Appeal Nos. 82-83 of 2016)Decided 28 Jan 2016
Criminal Appeal Nos. 82-83 of 2016
Chief Justice T.S. Thakur · Justice Kurian Joseph

Background

The appellant had paid Rs. 10 lakh to one Nazimul Islam under a construction agreement that was later cancelled; Nazimul Islam executed a promissory note promising to refund the money via five post-dated cheques, which bounced repeatedly for insufficient funds. The respondent, Haren Mudoi, stepped in and acknowledged on the promissory note that he had actually issued those cheques, but the cheques bounced a third time after presentation, leading to a criminal complaint under Section 138. The trial court convicted Mudoi and the appellate court upheld the conviction (reducing the sentence to a fine), but the Gauhati High Court set the conviction aside, reasoning the cheques were only a "security" and not linked to an enforceable debt.

Decision Breakdown

The Supreme Court held that even though the promissory note described the cheques as "security," they were unmistakably tied to a specific, acknowledged, and undisputed debt of Rs. 10 lakh, with a defined repayment timeline; once that timeline expired without payment, the cheques became presentable and their dishonour attracted Section 138 liability. The Court found the High Court erred in treating "security" cheques as inherently disconnected from any "debt or other liability," and restored the trial court's conviction (as modified by the appellate court) while leaving the High Court's dismissal of the separate criminal appeal undisturbed.

Lesson Learnt

Labelling a cheque as "security" in a written agreement does not automatically shield the person who issued it from prosecution under the cheque-bounce law: if the cheque is tied to a real, acknowledged debt that goes unpaid within the agreed timeframe, dishonouring it can still mean criminal liability.

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

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