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Adv Rahul Pandey
Adv Rahul Pandey. | 6 months ago | 236 Views

Civil Court’s Ruling Binding On Criminal Court For Certain Limited Purpose Only-SC

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Adv Rahul Pandey Adv Rahul Pandey

Updated: 03-04-2024

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In a recent hearing in the case of PremRaj v Poonamma Menon & Anr., the Supreme Court overturned the decision of the lower Courts, where the wrongdoer was convicted in a criminal case of cheque dishonour as provided under Section 138 of the Negotiable Instruments Act. The Apex Court observed that the Civil Court’s judgement shall be binding on the Criminal Court upto the extent of the sentence or damages provided.

As decided in the case of K.G. Prem Shankar vs. Inspector of Police & Anr, the sentence and damages shall not be included in case of conflict of decisions between the jurisdiction of civil and criminal courts. Hence, in the present case, as both the sentence and damages were imposed by the criminal court, as per the ratio explained in the case mentioned above, as the subject matter of the dispute is the cheque, only for the matter related to the security, would the decision of the civil court binding on the criminal court.  

Facts of the Matter-

  • The complainant/respondent initiated criminal proceedings against the appellant/accused for the matter of cheque dishonour under Section 138 of the Negotiable Instrument Act, 1882. On the other hand, the appellant/accused also initiated civil proceedings to restrain the other party from encashing the cheque he had given. 
  • The criminal court found the accused/appellant guilty of the charge of cheque dishonour and sentenced him with punishment for a period of one year as well as a fine of Rs. 2 lakhs. On the other hand, the Civil Court decided against the complainant/ respondent restraining them from having the cheque encashed. 
  • In an appeal to the High Court, the conviction of the accused/appellant was upheld, leading to which a criminal appeal was filed in the Supreme Court of India. 

Observation by the Supreme Court 

  • The Supreme Court noticed that the decisions of the Criminal Court and the Civil Court are in conflict and could not be binding on each other, however, the decision of the Civil Court shall be binding on the Criminal Court up to the extent where the the sentence or damages are imposed by the Criminal Court in order to make them unsustainable in law.
  • The Court took reference from the Case of  Iqbal Singh Marwah vs. Meenakshi Marwah which further was based on the observation in the case of K.G. Prem Shankar, as mentioned above. In the case of Iqbal Singh Marwah, that neither under the statutory provision nor under any legal principle, it is expressed that the findings of any proceeding which are recorded, must be treated as final and binding in the other proceedings, as both different proceedings are being decided on the basis of the evidence produced.
  • The Court observed that in case there comes an eventuality where criminal and civil court  have conflicting decisions, the decisions of one court shall not be binding on the other except for some limited purposes, for example on the matters of sentence or damages. 
  • On the basis of the observations made above,  the Supreme Court noted came to the conclusion that as the Civil Court in the present case restrained the encashment of the cheque, the decision of the criminal court based on the reason that the cheque returned unrealised as the account was closed, was set aside by the Supreme Court.
  • Thus, allowing the appeal, the damages ordered by the Civil Court under the NI Act have been ordered to be returned to the appellant. 
  • While setting aside the judgement, it was mentioned by Justice Sanjay Karol, that law does not stipulate that the findings of the Civil Court must be binding on the Criminal Court, as the proceedings under the Court would be decided on the basis of the evidence produced. 

Sharks of Law offers you experienced lawyers dealing with both civil as well as criminal matters, who could help offer legal counsel as required based on the facts of your cases. Renowned criminal lawyers such as Adv. Aditya Deshwal could help you understand the best options to deal with your case at trial Courts, High Courts and the Supreme Court of India.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

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How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

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Arvind Kejriwal Resignation From The Post Of CM In Delhi

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

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Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

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Beef Found In Tirupati Ladoo Prasad +91-8877001993

Adv Anshul Jain • 27/09/2024

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

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Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

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High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

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Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

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Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

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Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

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What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

Govt Pleas For Criminalizing Marital Rapes?

Govt Pleas For Criminalizing Marital Rapes?

Adv Tanvi Malik • 14/10/2024

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Maintenance To Woman In Live In Relationship 91-8877001993

Adv Ankit Kansal • 15/10/2024

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Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

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All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

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New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

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Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

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