M/S RAJCO STEEL ENTERPRISES versus KAVITA SARAFF AND ANOTHER

M/S RAJCO STEEL ENTERPRISES versus KAVITA SARAFF AND ANOTHER

The First Appellate Court and the High Court, on a careful review of evidence, found that the complainant failed to establish existence of any legally enforceable debt or liability in respect of the cheque amounts and that the accused put forward a plausible defence; these concurrent factual findings were neither perverse nor based on no evidence, and therefore the Supreme Court declined to interfere and dismissed the special leave petitions.

Parties
Petitioner/complainant: M/S Rajco Steel Enterprises; Respondent/accused: Kavita Saraff
Jurisdiction
India
Judgment Date
09 April 2024
Procedural Posture
Petition for Special Leave to Appeal (criminal) No.5583 of 2022 / Supreme Court Judgment on Special Leave Petitions
Outcome
Petitions dismissed
Legal Topics
Dishonour of Cheque, Section 138 NI Act, Section 118/139 NI Act, Rebuttal of Presumption, Enforceable Debt or Other Liability
Negotiable Instruments Criminal Law Criminal Procedure Dishonour of Cheque Section 138 NI Act Section 118/139 NI Act Rebuttal of Presumption Enforceable Debt or Other Liability

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Parties

M/S Rajco Steel Enterprises

Petitioner/complainant

Kavita Saraff

Respondent/accused

Procedural Posture

Petition for Special Leave to Appeal (criminal) No.5583 of 2022 / Supreme Court Judgment on Special Leave Petitions

Legal Issues

  1. 1 Whether the cheques were issued in discharge of a legally enforceable debt
  2. 2 Whether the respondent no.1 was able to rebut the presumption under Sections 118 and 139 of the Negotiable Instruments Act, 1881

Ratio Decidendi

The First Appellate Court and the High Court, on a careful review of evidence, found that the complainant failed to establish existence of any legally enforceable debt or liability in respect of the cheque amounts and that the accused put forward a plausible defence; these concurrent factual findings were neither perverse nor based on no evidence, and therefore the Supreme Court declined to interfere and dismissed the special leave petitions.

Court Disposition

Petitions dismissed

Orders

  • Petitions dismissed
  • Pending application(s), if any, disposed of