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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
MARY JOHN – Appellant
Versus
ABDUL RAHIMAN – Respondent
| Table of Content |
|---|
| 1. facts of the case involve disputed cheques issued for debt. (Para 2 , 3 , 4) |
| 2. arguments revolve around the validity of the debt and execution dates. (Para 6 , 7) |
| 3. the court's observations emphasize the standard of proof for rebuttal. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14) |
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 issued two cheques dated 18-09-2008 and 18-08-2008 for Rs.5,00,000/- each in discharge of a debt due to the complainant. When the complainant presented the cheques 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, PWs1 and 2 were examined and Exhibits P1 to P7 were marked and from the side of the accused, Exts.1 to D5 were marked.
4. After considering the oral and documentary evidence on record and hearing both sides, the trial court found that the complainant has not succeeded
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