Reji John v. Geetha John
Case brief
What is this about?
On appeal challenging an acquittal under Section 138 NI Act for insufficient funds, the court found no evidence of consideration or bona fide transaction, affirming the lower court's dismissal of the complaint.
What did the court decide?
The criminal appeal filed by the complainant against the acquittal is dismissed with no order as to costs.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
TUESDAY, THE 25TH DAY OF OCTOBER 2016/3RD KARTHIKA, 1938
CRL.A.No. 99 of 2009 (B)
Crl.L.P. 25/2009 of HIGH COURT OF KERALA DATED 06-01-2009
CC 331/2006 of JUDICIAL FIRST CLASS MAGISTRATE’S COURT, CHENGANNUR DATED 30-09-2008
APPELLANT/COMPLAINANT::
REJI JOHN, S/O. T.J JOHN, THERUVIL PALLIYIL VEEDU, MUNDANCAVU P.O., CHENGANNUR.
BY ADV. SRI.GEORGE CHERIAN (THIRUVALLA)
RESPONDENTS/ACCUSED AND STATE::
1. GEETHA JOHN, D/O. THOMAS, MEENATHETHIL VEEDU, VETTIYAR, MANKAMKUZHY, MAVELIKKARA.
Issues for consideration
2 issues framed by the court
Whether the acquittal of the accused under Section 138 of the Negotiable Instruments Act, who issued a cheque for alleged educational expenses without proper consideration, needs to be interfered with
Whether the witness account established lack of consideration and absence of a bona fide transaction in the cheque dishonour case.
Parties & counsel
- appellant
REJI JOHN
- respondent
GEETHA JOHN
- respondent
STATE OF KERALA
Coram
Case details
As recorded by the court registry
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