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february 2013

Supreme Court of India · 2013-02-07

VIJAY vs LAXMAN

Citation / case number
SC 2010/22402
Court
Supreme Court of India
Petitioner
VIJAY
Respondent
LAXMAN
Author
GYAN SUDHA MISRA
Bench
GYAN SUDHA MISRA T.S. THAKUR

Judgment text excerpt

The Supreme Court held that the conviction under Section 138 of the Negotiable Instruments Act, 1881 was improperly set aside by the High Court, which reversed the trial court's findings without sufficient justification. The Court emphasized that the issuance of a cheque for a loan must be treated as a debt acknowledgment, and the defense of the cheque being a security for milk supply was not substantiated. The appeal was allowed, reinstating the conviction and sentence of the appellant.

VIJAY vs LAXMAN · Niyam