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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 :
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.
4. Before the trial court, from the side of the complainant, PW1 was examined and Exhibits P1 to P4 were marked and from the side of the accused, DWs 1 and 2 were examined and Exhibits D1 to D3 were marked.
6. Against the
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