# Gopal Sharma vs. Ratiram Yadav

> SC judgment dated 2026-04-27. Citation: TCN-2026-SC-00053. The appellant, Gopal Sharma, had borrowed Rs. 2 lakhs from the respondent, Ratiram Yadav, and…

- **Court:** SC
- **Order date:** 27 Apr 2026
- **Citation:** TCN-2026-SC-00053
- **Category:** IBC
- **Source page:** https://caseease.in/cases/ibc/supreme-court-of-india/gopal-sharma-vs-ratiram-yadav-gpyod

## Summary

### Background

The appellant, Gopal Sharma, had borrowed Rs. 2 lakhs from the respondent, Ratiram Yadav, and issued four cheques. The Trial Court convicted the appellant under Section 138 of the Negotiable Instruments Act, 1881, in all four cases. The Additional Sessions Judge subsequently acquitted the appellant in three cases and reduced the sentence in the fourth. The High Court, in revision, set aside the acquittals and restored the Magistrate's conviction.

## Facts

The appeals are directed against a common order dated 08.10.2025 passed by the High Court.

The High Court set aside the judgment of acquittal of the appellant in three cases under Section 138 of the Negotiable Instruments Act, 1881, which was passed by the Additional Sessions Judge.

In one case, the High Court upheld the judgment reducing the appellant's sentence from one year to three months.

The High Court's order effectively restored the judgment of the Magistrate convicting the appellant.

The appellant had borrowed a loan of Rs. 2,00,000/- from the respondent and issued four cheques.

The Trial Court, by an order dated 13.11.2017, convicted the appellant in all four cases and sentenced him to one year of simple imprisonment and a fine of Rs. 2,40,000/- in each case.

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## Issues and analysis

### Issue 1: Whether the High Court, in its revisional jurisdiction, was justified in setting aside the …

**Ratio:** A revisional court cannot automatically reverse a judgment of acquittal unless it

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**Reasoning:** The Supreme Court referred to its previous decision in Joseph Stephen v. Santhanasamy,

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**Interpretation:** The power of a revisional court to interfere with an acquittal is limited and

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**Application:** The High Court's order, which set aside the acquittal in three cases and

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## Parties

- **Judges:** PAMIDIGHANTAM SRI…; ALOK AR…
- **Appellants:** GOPAL S…
- **Respondents:** RATIRAM…
- **Advocates:** Ashok…; Megha Ka…; +2 more

## Timeline

- **2017-11-13 — Trial Court Co…**: The Trial Court convicted the appellant in four cases and sentenced him to one year of…
- **2018-04-06 — Additional Sessions…**: The Additional Sessions Judge acquitted the appellant in three cases and reduced the…

## Legal provisions

- [Insolvency and Bankruptcy Code, 2016, Section 138 — Discharge order](https://caseease.in/legal-provisions/insolvency-and-bankruptcy-code-2016/section-138)

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