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april 2025

Supreme Court of India · 2025-04-22

N. Vijay Kumar vs Vishwanath Rao N

Court
Supreme Court of India
Petitioner
N. Vijay Kumar
Respondent
Vishwanath Rao N
Author
Sanjay Karol
Bench
Sanjay Karol, Pankaj Mithal

Judgment text excerpt

The Supreme Court examined the validity of a conviction under Section 138 of the Negotiable Instruments Act, 1881, where the cheque issued for a loan was dishonoured due to insufficient funds. The High Court had reversed the trial court's acquittal and convicted the appellant, but the Supreme Court analyzed whether the evidence supported the conviction beyond reasonable doubt. The Court upheld the conviction, emphasizing the importance of proper proof of debt and issuance of cheque in criminal cases under Section 138.

N. Vijay Kumar vs Vishwanath Rao N · Niyam