LAW FOR ALL

Sec.138 ,139 and sec. 118 of N.I.Act - Burden of proof - when the complainant not able to say the date when the amount was given - when failed to produce source of income - when gave contradictory statement about filling of cheque whether by accused or by himself - when there is no pleading that cheque was filled with the consent of accused - mere lack of issuing a reply notice and mere non putting a suggestion that the cheque was a blank cheque are not countable points to over throw the positive admissions made by the complainant - Lower court rightly dismissed the complaint - High court wrongly with out assigning valid reasons convict the accused - Apex court set aside the high court orders = John K. Abraham …. Appellant VERSUS Simon C. Abraham & Another …. Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41045