Supreme Court · 2024 INSC 260 · Decided 2 April 2024

Prem Raj v. Poonamma Menon & ANR.

Court
Supreme Court of India
Citation
2024 INSC 260 · [2024] 4 S.C.R. 29
Case number
CRIMINAL APPEAL No. 1858/2024
Decided
2 April 2024
Bench
SANJAY KAROL, ARAVIND KUMAR (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NI Act Section 138

Headnote

Whether, a criminal proceeding can be initiated and the accused therein held guilty with natural consequences thereof to follow, in connection with a transaction, in respect of which a decree by a competent Court of civil jurisdiction, already stands passed. 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 dishonoured due to insufficient funds and 'payments stopped by drawer' - The complainant issued a notice of demand

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