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april 2024

Supreme Court of India · 2024-04-09

M/S Rajco Steel Enterprises vs Kavita Saraff

Citation / case number
2024 INSC 288
Court
Supreme Court of India
Petitioner
M/S Rajco Steel Enterprises
Respondent
Kavita Saraff
Author
Aniruddha Bose
Bench
Sanjay Kumar, Aniruddha Bose

Judgment text excerpt

The Supreme Court addressed the dismissal of the petitioner's appeal against acquittal under Section 138 of the Negotiable Instruments Act, 1881. The Court emphasized that the burden of proof lies on the complainant to establish the issuance of cheques in discharge of a legally enforceable debt. The Court upheld the High Court's decision, affirming that the defence's argument regarding the nature of the transaction and the legitimacy of the cheques was credible, leading to the acquittal of the accused.

M/S Rajco Steel Enterprises vs Kavita Saraff · Niyam