K.T.Mathai v. v.J.Mathew
Case brief
What is this about?
Appeal by complainant against acquittal under Section 138 of the Negotiable Instruments Act dismissed. Trial court found insufficient proof of transaction date; appeal court held no interference warranted.
What did the court decide?
Criminal appeal dismissed, order of acquittal of the 1st respondent affirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.THANKAPPAN
FRIDAY, THE 2ND MARCH 2007 / 11TH PHALGUNA 1928
CRL.A.No. 1249 of 2004()
CC.163/2001 of JUDL.MAGISTRATE OF FIRST CLASS COURT, RANNI
APPELLANT: COMPLAINANT:
K.T.MATHAI, S/O. SKARIA THOMAS, KUKZHIPARMBIL HOUSE, EATTICHUVADU, ANGADI, RANNY.
BY ADV. SRI.S.SANTOSH KUMAR (PERUNAD)
RESPONDENTS: ACCUSED:
Issues for consideration
3 issues framed by the court
Whether the trial court's finding that the appellant could not prove the offence under section 138 requires interference on appeal.
Whether the appeal against the finding of acquittal is sustainable.
Whether the appellant has discharged the burden of proving the date of money transaction.
Coram
K Thankappan
Case details
As recorded by the court registry
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