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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
P.S. Kamalasanan – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. the appellant is a complainant whose appeal derives from the dishonor of a cheque. (Para 1 , 2 , 3) |
| 2. arguments presented by both parties regarding the necessity of evidence and burden of proof. (Para 4 , 5) |
| 3. discussion on the presumption under section 139 and its implications. (Para 6 , 7 , 8 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final ruling and implications of the appeal's outcome. (Para 16 , 17 , 18) |
JUDGMENT
Appellant was the complainant in S.T. No.1528 of 2015 on the files of the Judicial First Class Magistrate Court, Chottanikkara. He is aggrieved by the judgment of acquittal dated 28.02.2018 in a proceeding initiated under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘the NI Act’). For the purpose of easier comprehension, the parties are referred to as they were in the Trial Court, with the appellant as the complainant and the second respondent as the accused.
2. The complainant alleged that he had given an advance amount of Rs.7,00,000/- (Rupees Seven Lakhs Only) to the accused and his father, in connection with a proposed sale of 22 cents of land in Kanayannur Taluk. However, since the accused and his father failed to convey the property,
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