Supreme Court of India

D. Purushotama Reddy & Anr. v. K. Sateesh

Neutral citation
Reported as [2008] 11 S.C.R. 738
Bench S.B. Sinha and Cyriac Joseph JJ.
Decided 1 August 2008

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

2 Supreme Court benches have cited this judgment.

What the Court ordered

We are of the opinion that literal interpretation, if given, may give rise to an anomaly or absurdity which must be -A avoided.

Judgment, page 9

From the 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 - Thereafter de- cree passed for the principal amount as well as interest thereon - Appeal against decree dismissed - On appeal, held: In viev'I 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 -

Where later benches applied it

Of those, 1 referred to · 1 mentioned

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