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.