Legal Analysis: Anilkumar S/o Manohar Devadhar vs. Praveen S/o Adivayya Hiremath

Citation: 2026 INSC 452
Court: Supreme Court of India
Bench: Justice Dipankar Datta and Justice Satish Chandra Sharma
Date of Decision: May (date not specified, 2026)
Nature of Judgment: Criminal Appeal under Article 136 against High Court order modifying sentence in Section 138 NI Act case.

Synopsis of the Judgment

The respondent issued two cheques (₹2 lakhs and ₹50 lakhs) to the appellant, which were dishonoured. The trial court convicted him under Section 138 NI Act and sentenced him to 2 years imprisonment with fine of double the cheque amount (₹4 lakhs and ₹1 crore). The appellate court affirmed. The High Court in revision, however, modified the sentence by reducing the fine to the cheque amount (₹2 lakhs and ₹50 lakhs) and setting aside the default imprisonment entirely, effectively letting the respondent off without any punishment. The Supreme Court held that the High Court’s order was “wholly perverse and manifestly erroneous” because it neither imposed any prison term nor awarded interest for the 10-year delay. The parties eventually settled: the respondent agreed to pay ₹45 lakhs (reduced from ₹52 lakhs) by 31.08.2026. The Supreme Court set aside the High Court’s order, recorded the settlement, and directed that if payment is not made, the appeal may be revived for sending the respondent to prison.

1. Basic Information of the Judgment

Field Details Case Title Anilkumar S/o Manohar Devadhar vs. Praveen S/o Adivayya Hiremath Criminal Appeal No. Arising out of SLP(Crl.) 2786-87/2025 Bench Justice Dipankar Datta and Justice Satish Chandra Sharma Date of Decision 2026 (exact date not specified) Citation2026 INSC 452 Appeal From Common judgment and order dated 27.01.2025 of Karnataka High Court (Dharwad Bench) in Crl.R.P. Nos. 100016-100017/2017

2. Legal Framework

Laws Involved:

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