Q: Elaborate the citation of Vijay vs Laxman & Anr on 7 February, 2013 ?

Ans: 

Vijay vs Laxman & Anr on 7 February, 2013


Bench: T.S. Thakur, Gyan Sudha Misra

The honourable Supreme Court held that we are of the view that although the cheque might have been duly obtained from its lawful owner i.e. the respondent-accused, it was used for unlawful reason as it appears to have been submitted for encashment on a date when it was not meant to be presented as in that event the respondent would have had no reason to ask for a loan from the complainant if he had the capacity to discharge the loan amount on the date when the cheque had been issued. In any event, it leaves the complainant’s case in the realm of grave doubt on which the case of conviction and sentence cannot be sustained.
Thus an accused was acquitted due to cheque issued for illegal purpose.

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