Rakesh Ranjan Shrivastava vs The State Of Jharkhand
Judges (2)
Case Significance
Rakesh Ranjan Shrivastava vs The State Of Jharkhand is a Supreme Court of India decision dated March 15, 2024 (citation: insc-2024-205). The Supreme Court considered whether Section 143A(1) of the Negotiable Instruments Act — providing for interim compensation in cheque dishonour cases — is mandatory or directory. The Court held it is a directory provision, establishing broad parameters including: the court must prima facie evaluate the merits of the complainant's case and the accused's defence, a direction to pay can only be issued if the complainant makes out a prima facie case, and if the accused's defence is prima facie pl The bench comprised Justices Abhay S. Oka and Ujjal Bhuyan. The judgment was delivered by Justice Abhay S. Oka.
Summary
The Supreme Court considered whether Section 143A(1) of the Negotiable Instruments Act — providing for interim compensation in cheque dishonour cases — is mandatory or directory. The Court held it is a directory provision, establishing broad parameters including: the court must prima facie evaluate the merits of the complainant's case and the accused's defence, a direction to pay can only be issued if the complainant makes out a prima facie case, and if the accused's defence is prima facie plausible the court may refuse interim compensation.
What was the outcome of Rakesh Ranjan Shrivastava vs The State Of Jharkhand?
The Supreme Court considered whether Section 143A(1) of the Negotiable Instruments Act — providing for interim compensation in cheque dishonour cases — is mandatory or directory. The Court held it is ...
Judgment
Read the full judgment on the official India Courts portal.
Read on Indian KanoonSource: Indian Kanoon (insc-2024-205)