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.