Q: Discuss the citation of M.S. Narayana Menon @ Mani vs State Of Kerala & Anr on 4 July, 2006 ?

Ans: 
Supreme Court of India
M.S. Narayana Menon @ Mani vs State Of Kerala & Anr on 4 July, 2006
Bench: S.B. Sinha, P.P. Naolekar
The honourable Supreme Court held that we in the facts and circumstances of this case need not go into the question as to whether even if the prosecution fails to prove that a large portion of the amount claimed to be a part of debt was not owing and due to the complainant by the accused and only because he has issued a cheque for a higher amount, he would be convicted if it is held that existence of debt in respect of large part of the said amount has not been proved. The Appellant clearly said that nothing is due and the cheque was issued by way of security. The said defence has been accepted as probable. If the defence is acceptable as probable the cheque therefore cannot be held to have been issued in discharge of the debt as, for instance, if a cheque is issued for security or for any other purpose the same would not come within the purview of Section 138 of the Act.
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