Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN
E.V. Antony, S/o. Varghese – Appellant
Versus
C. Hussain, S/o. Mahammed Kutty – Respondent
| Table of Content |
|---|
| 1. introduction of the case involving cheque dishonour and initial trial outcome. (Para 1 , 2 , 3 , 4 , 5) |
| 2. conclusion and verdict of the court regarding the appeal. (Para 6 , 22) |
| 3. arguments presented by the appellant and respondent concerning alterations and presumptions. (Para 8 , 9 , 10) |
| 4. evidence evaluation regarding the issuance and dishonour of the cheque. (Para 11 , 12 , 13 , 19 , 20) |
| 5. legal principles governing presumption rebuttal under the negotiable instruments act. (Para 14 , 18 , 21) |
JUDGMENT :
This appeal by the complainant is against the acquittal of the accused for the offence under section 138 of the Negotiable Instruments Act .
2. As per the complaint, the accused borrowed Rs.75,000/- from the complainant during December 2003, and subsequently when the complainant demanded back the amount, the accused issued a cheque dated 10-05-2004 for Rs.75,000/- to the complainant. When the complainant presented the cheque for collection, the same was dishonoured as per memo dated 24-05-2004 on two grounds. (i) insufficient funds (ii) alteration in date require drawer confirmation.
3. Thereafter, the complainant issued statutory notice and in spite of notice, t
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
