2020 (12) TMI 143 - KERALA HIGH COURT - Indian Laws

Head Note / Extract:
Dishonor of Cheque - acquittal of the accused - rebuttal of presumption - Offence took place or not - HELD THAT:- The trial court acquitted the accused mainly for the reason that, according to the complainant the alleged transaction was in 2003 and the cheque was issued during that period. But the accused submitted that, during that period he was not conducting any textiles business and he proved it. After perusing the entire oral and documentary evidence, the trial court concluded that, the accused rebuttted the presumption. Therefore, the accused is acquitted. The trial court after considering the entire oral and documentary evidence came to a definite conclusion that, the appellant is not able to proved the offence - the accused was acquitted. The acquittal order upheld - appeal dismissed.