Crl.A. No. 001216 / 2023
CHACKO JACOB (DIED) THROUGH ITS LRS vs MOHANAN
Status
DISPOSED
Judges
HON'BLE MR. JUSTICE HRISHIKESH ROY and HON'BLE MR. JUSTICE VIKRAM NATH
Order Date
21-04-2023
Filed On
16-03-2019 12:00 AM
casestatus.in Summary
Under Section 138 of the Negotiable Instruments Act, 1881, the complainant bears the burden of proving the execution of the cheque and the underlying financial capacity to advance the alleged loan amount; mere presentation of a cheque is insufficient without corroborating evidence of the creditor's financial means. As analysed on casestatus.in, acquittal is warranted where such foundational proof is absent and no other supporting evidence substantiates the complainant's case.