Q: Discuss the citation of Josco Agencies v. K.P. Shukkoor Kerala High Court Jul 25, 2017 ?

Ans: In the citation of Josco Agencies v. K.P. Shukkoor, Kerala High Court the complainant can avail the benefit of the presumption under Sections 118 as well as 113 of the Negotiable Instruments Act only when the complainant has proved the essential facts for availing such a presumption. What the complainant has to prove in a proceeding under Section 138 NI Act is not just a liability but it must be a legally enforceable liability. The complainant does not know when goods were bought by the accused and what goods were bought by  him, for what amount goods were bought by the accused, and he does not know anything about the cheque in question. Thus, the complaint made by complainant is valueless.
 The honourable court find that the judgment of conviction made by the trial court was appropriately reversed by the appellate court, and that the accused was rightly found not guilty by the appellate court.  Consequently,  the appeal is dismissed.
 The honourable court find that the judgment of conviction made by the trial court was appropriately reversed by the appellate court, and that the accused was rightly found not guilty by the appellate court.  Consequently,  the appeal was dismissed.
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