[2024] 4 S.C.R. 29 : 2024 INSC 260
Prem Raj.v.Poonamma Menon & Anr.(Criminal Appeal No. 1858 of 2024)02 April 2024[Sanjay Karol* and Aravind Kumar, JJ.]
Negotiable Instruments Act, 1881 – s.138 – Appellant borrowed Rs.2,00,000/- from the complainant – On receipt of demand, appellant issued a cheque for the said amount – It was due to insufficient funds and ‘payments stopped by drawer’ – The complainant issued a notice of demand –No action on the part of the appellant was taken – Pursuant thereto, a criminal proceeding was initiated against appellant– Equally, though, the appellant had filed a civil suit with prayers to declare the said cheque as a security; direction for return of cheque and prohibitory injunction restraining any steps to encash the said cheque – The suit was decreed in favour of appellant – However, the Court seized of the s.138 N.I. Act complaint, convicted the appellant herein to undergo simple imprisonment for one year as well as pay compensation of Rs.2 lakhs in default whereof, he was to undergo further simple imprisonment for six months – First Appellate upheld the conviction – The High Court, in revision, observed no perversity in the concurrent findings of the Trial Court and First Appellate Court – Propriety:
