Prem Raj vs Poonamma Menon 2024 INSC 260 – NI Act- Effect Of Decree In Civil Case

Negotiable Instruments Act, 1881; Section 138 – Allowing appeal against concurrent conviction in a cheque case , SC held: In the present case, considering that the Court in criminal jurisdiction has imposed both sentence and damages, the Court in criminal jurisdiction would be bound by the civil Court having declared the cheque, the subject matter of dispute, to be only for the purposes of security- In that view of the matter, the criminal proceedings resulting from the cheque being returned unrealised due to the closure of the account would be unsustainable in law and, therefore, are to be quashed and set aside.

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