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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Jobin Sebastian, J
Chinnu Poulose – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. procedural background and facts of the cheque dishonour case. (Para 1 , 2 , 4 , 5 , 6) |
| 2. summary of rival contentions regarding evidence and statutory presumptions. (Para 7 , 8 , 9) |
| 3. principles of revisional interference and the presumption under s.139 of the n.i. act. (Para 10 , 11 , 12 , 13 , 14 , 15) |
| 4. final outcome and dismissal of the revision petition. (Para 16) |
ORDER
The challenge in this revision petition is directed against the conviction and sentence imposed on the revision petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, “the N.I. Act”).
2. The revision petitioner is the accused in C.C. No. 51/2010 on the file of the Judicial First Class Magistrate Court -II, Chalakudy.
3. The case of the complainant, in brief, is as follows:
The accused had borrowed ₹1,00,000/- from the complainant.
When the complainant demanded the repayment of the said amount, the accused issued a cheque in favour of the complainant towards the discharge of the aforesaid legally enforceable debt/liability. However, when the said cheque was presented for encashment within its period of validity, it was dishonoured and returned un
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