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Supreme Court of India 2019-03-28 allowed

SUSANTA DEY vs BABLI MAJUMDAR

Bench: 2 — Abhay Manohar Sapre, Dinesh Maheshwari

In Brief

In a Section 138 Negotiable Instruments Act case, the High Court in criminal revision improperly exercised its jurisdiction by deciding the case on merits and awarding imprisonment and compensation, when it should have merely examined whether the appellate court's remand order was legal. The Supreme Court held that a revision court cannot usurp appellate jurisdiction by deciding the case itself. Further, the appellate court erred in remanding the matter when sufficient evidence existed on record. The Supreme Court set aside both orders and remanded the appeal to the appellate court for fresh decision on merits within six months."

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Criminal Law Negotiable Instruments Criminal Procedure Appeal and Revision

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