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july 2014

Supreme Court of India · 2014-07-23

RAMDAS S/O KHELU NAIK vs KRISHNANAND S/O VISHNU NAIK

Citation / case number
SC 2012/35172
Court
Supreme Court of India
Petitioner
RAMDAS S/O KHELU NAIK
Respondent
KRISHNANAND S/O VISHNU NAIK
Author
N.V. RAMANA
Bench
N.V. RAMANA RANJANA PRAKASH DESAI

Judgment text excerpt

The Supreme Court held that the High Court erred in reversing the acquittal of the appellant under Section 138 of the Negotiable Instruments Act, 1881. The Court emphasized that the burden of proof lies on the complainant to establish the existence of a legally enforceable debt, which was not satisfactorily demonstrated in this case. The Supreme Court reinstated the Trial Court's acquittal, affirming that the cheque was issued in connection with a disputed land transaction rather than a loan, thus upholding the appellant's defense.

RAMDAS S/O KHELU NAIK vs KRISHNANAND S/O VISHNU NAIK · Niyam