Supreme Court of India

M/s Rajco Steel Enterprises v. Kavita Saraff and Another

Neutral citation

Reported as [2024] 4 S.C.R. 255

Bench Aniruddha Bose and Sanjay Kumar JJ.

Decided 9 April 2024

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.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the opinion that there is no perversity in the finding of the High Court, and prior to that, in the finding of the First Appellate Court, that went against the complainant/petitioner.

Judgment, page 9

From the headnote

Issue for Consideration Issue arose as to whether the cheques were issued in discharge of a debt and if so, whether the respondent no.1 was able to rebut the presumption in terms of s. 118/139 of the Negotiable Instrument Act, 1881. Headnotes Negotiable Instrument Act, 1881 – ss. 118/139 – Dishonour of cheque – Sum involved therein, if advanced in discharge of a legally enforceable debt – Raising of presumption u/s. 139 – Complaint by partnership firm alleging dishonour of cheques issued by the respondent no. 1 on the ground of insufficiency of funds – Case of partnership firm that it had

Authorities it was built on

2019 Basalingappa v. Mudibasappa cited by 10
2008 Krishna Janardhan Bhat v. Dattatraya G. Hegde cited by 6
2018 Kishan Rao v. Shankargouda cited by 5
2021 M/s. Kalamani Tex & Anr v. P. Balasubramanian cited by 4
2020 Rajneesh Khajuria v. M/s. Wockhardt Ltd. & Anr. cited by 4
2019 Rohitbhai Jivanlal Patel v. State of Gujarat & Anr. cited by 3
2012 Rev. Mother Marykutty v. Reni C. Kottaram & Another cited by 2
2019 Uttam Ram v. Devinder Singh Hudan & Anr. cited by 2
2014 K. Subramani v. K. Damodara Naidu cited by 2
2013 John K. Abraham v. Simon C. Abraham & Another cited by 2
2022 Oriental Bank of Commerce v. Prabodh Kumar Tewari cited by 1
2019 G H M/s. Shree Daneshwari Traders v. Sanjay Jain and Another cited by 1
1991 Narendra Pratap Narain Singh and Anr. v. State of U.p cited by 1

Where later benches applied it

2024 Sri Dattatraya v. Sharanappa referred to

Of those, 1 referred to

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