Supreme Court · 2012 INSC 469 · Decided 12 October 2012
REV. Mother Marykutty v. Reni C. Kottaram & Another
- Court
- Supreme Court of India
- Citation
- 2012 INSC 469 · [2012] 9 S.C.R. 530
- Case number
- CRIMINAL APPEAL No. 1594/2012
- Decided
- 12 October 2012
- Bench
- B.S. CHAUHAN, F.M. IBRAHIM KALIFULLA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 255(1), 357(1); NI Act Section 138, 139, 142
Headnote
Negotiable Instruments Act, 1881 - ss.138, 139 and 142 C - Dishonour of cheque - Presumption to be drawn - Standard of proof - Preponderance of probabilities - Complaint by respondent alleging that appellant had entrusted it with some construction work and in that regard issued a for Rs. 25 lakhs but the cheque was dishonoured - o Acquittal of accused-appellant by trial court - Reversed by High Court - Justification - Held: Elaborate consideration was made by the trial Court for acquitting the appellant - The conclusions of the trial court were drawn by adducing cogent
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