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IN THE HIGH COURT OF KERALA AT ERNAKULAM
BECHU KURIAN THOMAS, J
M.V.DEVASSIA – Appellant
Versus
REJI POULOSE – Respondent
| Table of Content |
|---|
| 1. facts leading to the complaint and trial court's judgment. (Para 1 , 2 , 3 , 4) |
| 2. arguments on the burden of proof and presumption. (Para 5 , 6) |
| 3. court's observations on evidence and the necessity of proving liability. (Para 7 , 8 , 9 , 10) |
| 4. ratio decidendi regarding the burden of proof under section 139. (Para 11 , 12 , 13) |
| 5. final court ruling and sentence. (Para 14) |
JUDGMENT
The appellant was the complainant in S.T.No.108/2013 on the files of the Judicial First Class Magistrate Court-I, Mananthavady.
2. By the impugned judgment dated 17.01.2014, the learned Magistrate acquitted the accused against which this appeal has been preferred. Parties are referred to as they were in the trial court - the appellant being referred to as the complainant and the first respondent as the accused.
3. The complainant alleged that the accused had, in satisfaction of an amount borrowed by him, issued a cheque dated 07.12.2012, drawn on the Canara Bank for an amount of Rs.2,00,000/-. When the said cheque was presented for encashment, it was dishonoured with a memo stating ‘insufficient funds’. It was also alleged that, after the statutory notice issued to the accused returned uncl
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