Prakasan. K. v. K.Shereff
Case brief
What is this about?
Crl.A. No. 264 of 2008. Revision of section 138 NI Act appeal against acquittal. High Court upheld trial court findings due to lack of evidence regarding cheque execution and unexplained delay in presentation.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
TUESDAY, THE 12TH DAY OF NOVEMBER 2013/21ST KARTHIKA, 1935
CRL.A.No. 264 of 2008 (C)
AGAINST THE ORDER/JUDGMENT IN C.C.No.143/2005 of J.M.F.C.-I, CHERTHALA DATED 28-11-2007
Crl.L.P. 93/2008 of HIGH COURT OF KERALA DATED 29/01/2008
APPELLANT/COMPLAINANT:
K.PRAKASAN, S/O. (LATE) KARUNAKARAN, SAIJAS, WARD No.6, VAYALAR PANCHAYAT, VAYALAR P.O., CHERTHALA.
BY ADV. SRI.ABRAHAM VAKKANAL (SR.)
RESPONDENTS/ACCUSED & STATE:
- K.SHEREFF, S/O. BAVAKUNJU, ANJILICHIRA VEEDU, WARD No.6, VAYALAR PANCHAYAT, CHERTHALA.
Issues for consideration
3 issues framed by the court
Whether the appellate court is justified in allowing the appeal against the acquittal of the accused.
Whether the statutory presumption under Section 139 of the NI Act can be drawn absent proof of cheque execution.
Whether the delay in presenting the cheque for encashment is sufficient to rebut the presumption.
Parties & counsel
- appellant
K.PRAKASAN
- respondent
K.SHEREFF
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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