Allowed
Kores (India) Limited v. Ashish Kumar Ahooja and Anr.
Bombay HCAPEAL/842/2010
Case brief
AI extract
What is this about?
In appeal against acquittal, the High Court set aside the trial court's judgment, holding that variances between two complainant witnesses did not invalidate evidence of goods delivery and debt. The presumption under NI Act was validly drawn and not rebutted by the dispute raised by the accused with a third party.
What did the court decide?
The appeals were allowed, the acquittal was set aside, and the respondent was convicted under Section 138 of the NI Act and sentenced to a fine equal to double the cheque amount or simple imprisonment