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IN THE HIGH COURT OF KERALA AT ERNAKULAM
JOHNSON JOHN, J
SEBASTIAN JOSEPH – Appellant
Versus
A.J.THOMAS – Respondent
| Table of Content |
|---|
| 1. dishonor of cheque leads to complaints under n.i act. (Para 1 , 2 , 3 , 4 , 5) |
| 2. arguments highlight weaknesses in complainant's case. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. presumption under n.i act requires proof of defense. (Para 13 , 15 , 16 , 17 , 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 Negotiable Instruments Act, 1881 (‘N.I Act’ for short).
2. As per the complaint, in discharge of a liability, the accused issued cheque dated 24.1.2006 for Rs.1,00,000/- to the complainant.
3. 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.
4. Before the trial court, PWs 1 and 2 were examined and Exhibits P1 to P6 were marked from the side of the complainant and from the side of the accused, DW1 examined and Exhibits D1 and D2 were marked.
5. After hearing both sides and analysing the evidence, the trial court found that the defence version is more probable and that the complainant has not
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