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M/s Bhangu Trading Company & Anr. v. Surjit Singh (Dead) Through LRs.

Criminal Appeal · 2018 INSC 566Decided 2 Jul 2018
Criminal Appeal Nos. 808-809 of 2018
Justice Kurian Joseph · Justice Sanjay Kishan Kaul

Background

The appellants had been convicted and sentenced under Section 138 of the Negotiable Instruments Act, 1881, for dishonour of a cheque, and the High Court had upheld this. After the High Court's judgment, the parties reached a settlement and the complainant confirmed the cheque amount had actually been paid and received.

Decision Breakdown

Since the dispute underlying the criminal case had been genuinely settled between the parties, the Supreme Court held that, to do complete justice, the matter should be brought to a close. It allowed the appeals, set aside the conviction and sentence, and, instead of letting the appellants go without any consequence, directed them to pay Rs. 10,000 as costs to the State Legal Services Authority within three weeks.

Lesson Learnt

When the complainant in a cheque-dishonour case has actually been paid and the dispute is genuinely settled, the Supreme Court can set aside the resulting criminal conviction, often while still requiring a token payment to a legal aid body rather than letting the matter close with no consequence at all.

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

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