Supreme Court of India

Sripati Singh (since Deceased) through His Son Gaurav Singh v. The State of Jharkhand & Anr.

Neutral citation
Reported as [2021] 10 S.C.R. 116
Bench M. R. Shah and A. S. Bopanna JJ.
Decided 28 October 2021

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.

What the Court ordered

We are of the view that the question whether a post-dated cheque is for “discharge of debt or liability” depends on the nature of the transaction.

Judgment, page 12

From the headnote

Negotiable Instruments Act, 1882: s.138 – Respondent no.2 obtained financial assistance of Rs.2 crore from the ap pellant due to previous acquaintance and assured that the amoun t would be returned in June/July 2015 – Towards the same, cheq ues were handed over to appellant – Based on assurance of pa yment, appellant presented the cheques for realisation in October 2015, however same were dishonoured on account of insuffi ciency of funds – Appellant filed complaint under s.420 IPC and al so under s.138 NI Act – Respondent no.2 on appearance filed discharge application before trial court which

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