K.Venugopal v. P.C.Ushadevi
Case brief
What is this about?
Appellant challenged acquittal under Section 138 NI Act. Court held that since cheque was issued as security and not to discharge debt, acquittal stands. Appeal dismissed.
What did the court decide?
Appeal dismissed; acquittal of accused affirmed.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE V.K.MOHANAN
MONDAY, THE 11TH DAY OF FEBRUARY 2013/22ND MAGHA 1934
CRL.A.No. 637 of 2001 ( )
AGAINST THE ORDER/JUDGMENT IN CC.421/1996 of J.M.F.C.-I, KOLLAM DATED 30-06-2000
APPELLANT:COMPLAINANT:
K.VENUGOPAL, MANGALASSERIL VEEDU, THEKKE MURI, KIZHAKKE KALLADA VILLAGE, KOLLAM.
BY ADV. SRI.P.B.SURESH KUMAR
RESPONDENTS:ACCUSED & STATE :
- P.C.USHADEVI, DEVI BHAVANAM, PERINAD VILLAGE, KOLLAM.
- K.SASIDHARAN, DEVI BHAVANAM, PERINAD VILLAGE, KOLLAM,
Issues for consideration
2 issues framed by the court
Whether criminal liability under Section 138 of the NI Act can attract a dishonoured cheque given purely as security for a transaction.
Whether the High Court can interfere with the trial court's finding that the cheque was issued as security and not to discharge a liability.
Parties & counsel
- appellant
K.VENUGOPAL
- respondent
P.C.USHADEVI
- respondent
K.SASIDHARAN
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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