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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
MATHEW JOHN – Appellant
Versus
SADASIVAN – Respondent
| Table of Content |
|---|
| 1. the complainant appeals against the acquittal for cheque dishonour. (Para 1 , 2) |
| 2. arguments presented regarding cheque issuance and liability. (Para 6 , 7 , 8) |
| 3. court's evaluation of admissibility and relevance of evidence. (Para 9 , 10 , 11 , 12) |
| 4. clarification of evidentiary standards and burden under the n.i. act. (Para 13 , 14 , 15 , 16 , 17) |
| 5. final determination of acquittal based upon evidence review. (Para 18 , 19 , 20 , 21) |
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 Negotiation Instruments Act (for short 'N.I.Act').
2. As per the complaint, the accused borrowed Rs.15,000 from the complainant on 03-08-2004 for his personal needs and subsequently, when the complainant demanded back the amount, the accused issued cheque dated 11-09-2004 of Kulathupuzha Service Co-operative Bank Limited to the complainant. 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 s
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