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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
N.MURUGAN – Appellant
Versus
A. RADHA – Respondent
| Table of Content |
|---|
| 1. allegations and circumstances of dishonored cheque. (Para 2 , 3) |
| 2. arguments regarding loan and cheque signature. (Para 6 , 7 , 8) |
| 3. standard and nature of proof regarding presumption. (Para 10 , 11 , 12) |
| 4. reliability of evidence and trial court's discretion. (Para 14 , 15) |
J U D G M E N T
This appeal by the complainant is against the acquittal of the accused under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I Act’ for short).
2. As per the complaint, the accused borrowed Rs.75,000/- from the complainant on 20.09.2008 for business purpose and subsequently when the complainant demanded the amount, cheque dated 20.02.2009 was issued to the complainant for Rs.75,000/- and thereafter, 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 issuance of statutory notice, the accused failed to pay the cheque amount to the complainant.
3. Before the trial court, from the side of the complainant, PW1 examined and Exhibits P1 to P4 were marked and no evidence adduced from the side of the accused.
4. After considering the oral and documentary evidence on record a
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