Back
IN THE HIGH COURT OF KERALA AT ERNAKULAM
EASWARAN S., J
K.GOVINDAN S/O LATE RAMAN – Appellant
Versus
K. KUNHIKANNAN S/O KUNHIRAMAN – Respondent
| Table of Content |
|---|
| 1. facts of recovery suit and cheque issuance. (Para 1 , 2) |
| 2. key legal questions framed during the appeal. (Para 3) |
| 3. arguments regarding the burden of proof in cheque disputes. (Para 5 , 6) |
| 4. court findings on evidentiary issues and the role of signatures. (Para 7 , 8 , 9 , 10) |
| 5. final decision restoring lower court’s judgment. (Para 11) |
J U D G M E N T
This appeal arises out of the judgment and decree in A.S No.147/2008 of the files of the Additional District Court, Thalassery, by which a decree for recovery of money granted in favour of the appellant in O.S No.96/2005 on the files of Sub Court, Payyannur, was reversed.
2. Brief facts necessary for the disposal of the appeal are as follows:-
2.1 The plaintiff sued the defendant for recovery of money on the strength of a cheque No.490429 drawn in his name. The plaintiff contended that, for establishing a super market the defendant was in short of money and therefore the plaintiff had advanced an amount of Rs.1,50,000/- and as a security for the same, a cheque was given. When the cheque was sent for collection, the same was returned with an endorsement ‘in sufficient fund’. The defendant resisted the suit and contend
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
