Milind Shripad Chandurkar vs Kalim M.Khan & Anr

The Supreme Court held that the High Court erred in setting aside the conviction under Section 138 of the Negotiable Instruments Act, 1881, as the appellant established that the cheque was issued for a legally enforceable debt. The Court emphasized that the burden of proof lies on the accused to disprove the presumption under Section 139 of the Act, which states that a cheque is presumed to have been issued for consideration. The Court reinstated the conviction and sentence imposed by the trial court, affirming the legal principle that the absence of evidence regarding the complainant's proprietorship does not negate the liability under Section 138.