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.