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february 2013

Supreme Court of India · 2013-02-07

Vijay vs Laxman & Anr

Citation / case number
AIRONLINE 2013 SC 483
Court
Supreme Court of India
Petitioner
Vijay
Respondent
Laxman & Anr
Author
Gyan Sudha Misra
Bench
T.S. Thakur, Gyan Sudha Misra

Judgment text excerpt

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 trial court had established that the cheque was issued for a legally enforceable debt. The Court emphasized that the burden of proof lies on the accused to demonstrate that the cheque was issued as a security and not for repayment of a loan. The appeal was allowed, restoring the conviction and sentence imposed by the trial court.

Vijay vs Laxman & Anr · Niyam