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Sripati Singh (Since Deceased) Through His Son Gaurav Singh v. The State of Jharkhand & Anr.

Criminal Appeal · 2021 INSC 687Decided 28 Oct 2021
Criminal Appeal Nos. 1269-1270 of 2021
Justice M.R. Shah · Justice A.S. Bopanna

Background

The appellant had lent about Rs. 1 crore to the respondent, a family acquaintance, for the respondent's business, on the understanding it would be repaid. When a cheque issued towards repayment was dishonoured, the appellant filed a criminal complaint under Section 138 of the Negotiable Instruments Act (cheque bounce) and Section 420 IPC (cheating). The Jharkhand High Court quashed the Magistrate's orders taking cognizance of the complaint and rejecting the respondent's discharge application, prompting this appeal.

Decision Breakdown

The Supreme Court held that the respondent's defence, that the cheque was merely "security" and the underlying loan had already been discharged, was a matter to be proved at trial, not decided at the discharge stage. It found that the evidence prima facie showed a legally recoverable debt and a validly presented, dishonoured cheque, which was enough to sustain the Section 138 complaint even though the cheating charge under Section 420 IPC was not made out. The Court set aside the High Court's order, restored the Magistrate's orders, and sent the matter back for trial limited to the cheque-bounce complaint, while leaving all factual contentions open for the trial court to decide.

Lesson Learnt

A cheque issued even partly as "security" for a debt can still trigger criminal liability under Section 138 if it is dishonoured when due, and courts will generally let a genuine dispute over the underlying transaction be resolved at trial rather than cutting off the case early.

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

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