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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harishankar K.V., J
K.ABDULLA – Appellant
Versus
K.K.RAVINDRAN – Respondent
| Table of Content |
|---|
| 1. challenge on acquittal for dishonoured cheque (Para 1) |
| 2. complaint involves a cheque issued to discharge a debt which was dishonored. (Para 2 , 4 , 5) |
| 3. contradictions in evidence raised by parties (Para 6 , 7) |
| 4. contradictory evidence regarding cheque issuance and agreement ambiguous. (Para 8 , 10) |
| 5. established standards for rebutting legal presumptions under n.i act. (Para 11 , 13) |
| 6. court supports trial court's acquittal; appeal dismissed. (Para 14 , 15) |
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, 1881 (‘N.I Act’ for short) as per the impugned judgment.
2. As per the complaint, in discharge of a debt due, the accused issued cheque dated 3.10.2007 for Rs.30,000/- to the complainant and when the cheque was presented for collection, the same was dishonoured due to insufficiency of funds in the account of the accused and in spite of issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.
3. From the side of the complainant, PWs 1 and 2 were examined and Exhibits P1 to P5 were marked and from the side of th
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