Supreme Court · 2008 INSC 894 · Decided 1 August 2008
D. Purushotama Reddy & ANR. v. K. Sateesh
- Court
- Supreme Court of India
- Citation
- 2008 INSC 894 · [2008] 11 S.C.R. 738
- Case number
- CIVIL APPEAL No. 4751/2008
- Decided
- 1 August 2008
- Bench
- S.B. SINHA, CYRIAC JOSEPH (2-judge bench)
- Outcome
- Case Partly allowed
- Case type
- Civil
- Acts & sections cited
- CrPC Section 357(1), 200, 357; Constitution Article 136, 142; NI Act Section 138, 142
Headnote
+~ Code of Criminal Procedure, 1973 - s.357 (1) and (5) - Issuance of cheque towards payment of loan - Dishonour of '- i c cheque - Initiation of criminal as well as civil proceedings against the defaulter - In criminal case direction to pay the creditor the principal amount - Amount paid - amount as well as interest thereon - Appeal against decree dismissed - On appeal, held: In viev'I D of s. 357, a duty is cast upon the civil court to take into consid- eration the amount paid in the criminal proceeding, even if such plea is not taken by the party - Such order can also be
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