Supreme Court of India · 2009-03-31
M/S BACHAN TRADERS vs STATE OF BIHAR .
- Citation / case number
- SC 2008/2604
- Court
- Supreme Court of India
- Petitioner
- M/S BACHAN TRADERS
- Respondent
- STATE OF BIHAR .
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 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 Court upheld the lower court's decision to acquit the accused due to lack of evidence supporting the complainant's claim.