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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.B. SNEHALATHA, J
KAVITHA.N.V – Appellant
Versus
SUNILKUMAR – Respondent
| Table of Content |
|---|
| 1. initial facts about the cheque and liability are established. (Para 2) |
| 2. arguments regarding the misuse of the cheque are presented. (Para 6 , 8) |
| 3. the court discusses the presumption of liability under section 139. (Para 9 , 10 , 12 , 13) |
| 4. the importance of rebutting the presumption is highlighted. (Para 11) |
| 5. conclusion that the conviction should not be interfered with. (Para 14) |
O R D E R
In this revision petition filed by the accused, 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 (hereinafter referred to as 'N.I Act).
2. The parties shall be referred to as the complainant and accused as before the trial court.
The case of the complainant is that the accused who was a subscriber of a chit conducted by the complainant bearing No.GV 278 having a sala of ₹6,82,500/-, auctioned the said chit and received the chit amount agreeing to repay the future subscriptions. But the accused failed to repay the future subscriptions in the chit as agreed. When the complainant demanded the amount due, the accused issued Ext.P1 cheque for an amount of ₹3,90,000/- in dis
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