Supreme Court of India · 2020-02-14
Aps Forex Services Pvt Ltd vs Shakti International Fashion Linkers
- Citation / case number
- AIR 2020 SUPREME COURT 945
- Court
- Supreme Court of India
- Petitioner
- Aps Forex Services Pvt Ltd
- Respondent
- Shakti International Fashion Linkers
- Author
- M. R. Shah
- Bench
- M. R. Shah, Ashok Bhushan
Judgment text excerpt
The Supreme Court upheld the acquittal of the accused under Section 138 of the Negotiable Instruments Act, emphasizing that the complainant failed to establish the legal liability for the cheque amount. The Court noted that the payments made were prior to the issuance of the Foreign Exchange Currency Card, thus negating the claim of debt. The dismissal of the appeal by the High Court was affirmed, reinforcing the principle that the burden of proof lies with the complainant to demonstrate the existence of a legally enforceable debt.