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Kerala High Court Upholds Acquittal in Cheque Dishonour Case for Failure to Prove Debt — “Complainant Failed to Provide Specific Date of Transaction and Falsified Source of Funds, Defeating Presumption under Sections 118 and 139 of NI Act”

Kerala High Court Upholds Acquittal in Cheque Dishonour Case for Failure to Prove Debt — "Complainant Failed to Provide Specific Date of Transaction and Falsified Source of Funds, Defeating Presumption under Sections 118 and 139 of NI Act"

Kerala High Court Upholds Acquittal in Cheque Dishonour Case for Failure to Prove Debt — "Complainant Failed to Provide Specific Date of Transaction and Falsified Source of Funds, Defeating Presumption under Sections 118 and 139 of NI Act"

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Court’s Decision

The Kerala High Court dismissed a criminal appeal under Section 378(4) of the CrPC challenging the acquittal of the accused in a cheque dishonour case under Section 138 of the Negotiable Instruments Act. The Court upheld the trial court’s finding that the complainant failed to establish the underlying debt or liability and held:

“A definite finding that the accused committed the offence could not be found by this Court from the evidence tendered.”

“The finding of the trial court that the transaction which led to execution of Ext.P1 cheque was not proved is only to be confirmed.”

Consequently, the judgment of acquittal was affirmed and the appeal was dismissed.


Facts


Issues

  1. Whether the trial court erred in acquitting the accused under Section 138 of the NI Act?
  2. Whether the findings of the trial court required interference by the appellate court?
  3. What order should be passed in the appeal?

Petitioner’s Arguments


Respondent’s Arguments


Analysis of the Law


Precedent Analysis


Court’s Reasoning


Conclusion

The criminal appeal was dismissed, and the judgment of acquittal passed by the Judicial First Class Magistrate, Erattupetta, was upheld. The Court found no merit in the appeal and directed the registry to forward a copy of the judgment to the jurisdictional court.


Implications

Also Read – Delhi High Court Grants Probate of Will to Wife, Rejects Objector’s Claims — “A Mere Deviation in Age or Shares Cannot Invalidate Will When Attestation and Execution Are Proved”

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