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july 2006

Supreme Court of India · 2006-07-04

M.S. NARAYANA MENON @ MANI vs STATE OF KERALA

Citation / case number
SC 1999/10502
Court
Supreme Court of India
Petitioner
M.S. NARAYANA MENON @ MANI
Respondent
STATE OF KERALA
Author
S.B. SINHA
Bench
P.P. NAOLEKAR S.B. SINHA

Judgment text excerpt

The Supreme Court upheld the conviction of the Appellant under Section 138 of the Negotiable Instruments Act, emphasizing that the presumption under Section 139 of the Act places the burden on the accused to prove otherwise. The Court found that the Appellant failed to rebut the presumption that the cheque was issued for a legally enforceable debt. The judgment of the lower court was affirmed, reinforcing the legal principle that the dishonor of a cheque leads to a presumption of liability unless disproven by the accused.

M.S. NARAYANA MENON @ MANI vs STATE OF KERALA · Niyam