Sujesh v. Vasanthan
Case brief
What is this about?
The accused appealed the acquittal in a cheque dishonour case. The High Court upheld the acquittal, finding the complainant failed to prove financial capacity to lend the alleged sum, thus no presumptions under the Negotiable Instruments Act were attracted.
What did the court decide?
The Criminal Appeal was dismissed maintaining the acquittal of the respondent.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
THURSDAY, THE 15TH DAY OF DECEMBER 2016/24TH AGRAHAYANA, 1938
CRL.A.No. 110 of 2009 (C)
ST 2290/2005 of JUDICIAL FIRST CLASS MAGISTRATE’S COURT-II, THRISSUR
APPELLANT/COMPLAINANT:
SUJESH, AGED 32 YEARS, VALIYAPARAMBIL HOUSE, KANJIRANGADI, KOORKKANCHERRY, THRISSUR.
BY ADVS.SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA
RESPONDENTS/ACCUSED AND STATE:
1. VASANTHAN, S/O.KRISHNANKUTTY, VALIYAPURAKKAL HOUSE, CHIYYARAM VILLAGE, THRISSUR DISTRICT.
Issues for consideration
2 issues framed by the court
Whether there was sufficient prima facie evidence to invoke the statutory presumptions regarding the loan and genuineness of the cheque.
Whether the lower court committed an error in acquitting the accused for failing to consider the lack of response to the demand notice.
Parties & counsel
- appellant
Sujesh
- respondent
Vasanthan
Coram
B. Kemal Pasha
Case details
As recorded by the court registry
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