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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
THANKAMANI M.T. – Appellant
Versus
STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. liability arising from dishonored cheque. (Para 3 , 4 , 6) |
| 2. judicial confirmation of lower court's findings. (Para 7) |
| 3. defence regarding cheque issuance requires substantiation. (Para 10 , 11) |
| 4. statutory presumptions of liability in negotiable instruments. (Para 12 , 13 , 14 , 15 , 16) |
O R D E R
Revision Petitioner is the accused in S.T.C No.4285/2011 on the files of Judicial First Class Magistrate Court, Kuthuparamba and she is the appellant in Crl.Appeal No.433/2013 of Sessions Court, Thalassery. In this revision, she assails the judgment of conviction and order of sentence against her for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act')
2. The parties shall be referred to as complainant and accused as shown in S.T.C No.4285/2011.
3. The complainant filed the complaint stating that the accused obtained an amount of ₹1,50,000/- from him, promising to arrange a job abroad for his daughter. But the accused failed to arrange the job as promised. When demanded back the amount, accused issued Ext.P1 cheque to the complainant in discharge of the said liability. Upon presentation of Ext.P1 cheque before the bank fo
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