Supreme Court of India · 2006-07-04
M.S. Narayana Menon @ Mani vs State Of Kerala & Anr
- Citation / case number
- AIR 2006 SUPREME COURT 3366
- Court
- Supreme Court of India
- Petitioner
- M.S. Narayana Menon @ Mani
- Respondent
- State Of Kerala & Anr
- Author
- S.B. Sinha
- Bench
- S.B. Sinha, P.P. Naolekar
Judgment text excerpt
The Supreme Court addressed the appeal concerning the conviction under Section 138 of the Negotiable Instruments Act, where the Appellant was accused of issuing a cheque that was dishonored due to insufficient funds. The Court emphasized the presumption under Section 139 of the Act, which places the burden on the accused to prove that the cheque was not issued for a legally enforceable debt. The Court ultimately upheld the appellate court's decision to set aside the conviction, finding that the Appellant had sufficiently rebutted the presumption of liability.