IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
SEBY JOHN – Appellant
Versus
K.K.SHIJU – Respondent
| Table of Content |
|---|
| 1. challenge to acquittal under section 138. (Para 2 , 3) |
| 2. arguments regarding evidence and burden of proof. (Para 5 , 6 , 7 , 8) |
| 3. court's reasoning on presumption and liability. (Para 9 , 11 , 13) |
J U D G M E N T
In this appeal, the complainant before the trial court is challenging the acquittal of the accused under Section 138 of the Negotiable Instruments Act (for short 'N.I Act') as per the impugned judgment.
2. As per the complaint, the accused borrowed Rs.1,20,000/- for the purpose of his real estate business from the complainant and subsequently towards discharge of the liability, the accused issued a cheque dated 19-07-2010 for Rs.1,20,000/- to the complainant. When the complainant presented the cheque for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of statutory notice, the accused failed to pay the cheque amount to the complainant.
3. From the side of the complainant, PW1 was examined and Exts.P1 to P6 were marked and from the side of the accused Ext.D1 marked. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has
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