Supreme Court of India · 2009-01-27
D.D. VAISHNAV vs STATE OF M.P. .
- Citation / case number
- SC 2007/34009
- Court
- Supreme Court of India
- Petitioner
- D.D. VAISHNAV
- Respondent
- STATE OF M.P. .
- Author
- TARUN CHATTERJEE,H.L. DATTU, , ,
- Bench
- TARUN CHATTERJEE,H.L. DATTU, , ,
Judgment text excerpt
The Supreme Court ruled that the provisions of Section 138 of the Negotiable Instruments Act, 1881, require the complainant to establish that the cheque was issued for the discharge of a legally enforceable debt. The Court emphasized that the burden of proof lies on the complainant to demonstrate the existence of such a debt, and failure to do so would result in the dismissal of the complaint. The appeal was dismissed, affirming the lower court's decision.