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Sanu Varghese v. Shoukkathali

Criminal Appeal · 2026 INSC 1053Decided 22 Sept 2026
Criminal Appeal arising out of SLP(Crl.) No. 499 of 2026
Justice J.B. Pardiwala · Justice K. Vinod Chandran

Background

The appellant (complainant in a cheque-dishonour case under Section 138 NI Act) had won at trial, but the accused took the matter in revision to the Kerala High Court. The High Court remanded the case for a fresh trial from the stage of defence evidence, relying on a Supreme Court ruling (Mandvi Cooperative Bank v. Nimesh B. Thakore) about how a complainant's and an accused's evidence may be recorded by affidavit. The complainant challenged this remand order before the Supreme Court, arguing the accused never claimed to have suffered any prejudice from the way the trial was conducted.

Decision Breakdown

The Supreme Court held that the principle from the Mandvi Cooperative Bank case only applies where the accused can show actual prejudice from being examined on affidavit rather than in person, and here, the accused never raised any such prejudice before the trial court or the first appellate court. The signature on the cheque was admitted, and the statutory presumption in the complainant's favour was never rebutted; the accused's own defence (that CDR records could have proven the complainant's absence) was never substantiated. The Court found the High Court's remand was based merely on a clever legal argument, not any real prejudice, and set aside the High Court's order. The revision petition was restored to the High Court to be decided afresh on its other, still-available contentions, with directions on how much of the earlier trial evidence may be reused.

Lesson Learnt

A procedural technicality (such as how evidence was recorded) cannot be used to reopen a completed trial unless the party actually shows real prejudice was caused to them by it. Courts will not entertain remand requests based on ingenuity of argument alone.

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

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