Ripudaman Singh vs Balkrishna
(2019) 4 SCC 767
Coram: Hon’ble Justice Hemant Gupta, Hon’ble Justice Dr. Dhananjaya Y Chandrachud
Forum: Hon’ble Supreme Court of India
Case No.: Criminal Appeal No. 483 OF 2019
Date of Decision: March 13, 2019
Conclusion

Facts and Background:
- Ripudaman Singh and Usha, owners of agricultural land, entered into a sale agreement for Rs. 1.75 crores.
- Balkrishna(Respondent), the buyer, was granted a General Power of Attorney by the appellants for the sale transaction.
- The Appellants filed complaints under Section 138 of the Negotiable Instruments Act after the respondent dishonoured two cheques (each for Rs. 25 lakhs) due to insufficient funds.
- The complaints were initially filed before the Judicial Magistrate's Court, where the process was issued. The respondent's applications for discharge were dismissed. On October 8, 2014, charges under Section 138 were framed against the respondent.
- The Respondent filed a petition under Section 482 of the CrPC before the High Court of Madhya Pradesh which quashed the complaints citing Clause 4 of the agreement that barred cheque presentation during an ongoing civil suit over the property and ruled no money was owned to the Appellants.
- Hence, The appeal was raised before the Supreme Court.
Main issues:
- Whether the existence of a dispute, as outlined in clause 4 of the Agreement to Sell, exempted the purchaser from the obligation to honour the cheque issued to the vendor?
- Whether this matter can be adjudicated under Section 482 of the CrPC?
Go Top
