Q: Write about the citation of Indra Cidambaram( Mrs.) V. Quick Fotos: (2015) ?
Ans:
Indra Cidambaram( Mrs.) V. Quick Fotos: (2015) ACD 812 : (2016) 1 NIJ 263: (2015) 2 MadWN(Cri) 75: 2015 LRC Online 935 (Mad) .
When the complainant failed to prove the passing of consideration and presumption rebutted by accused through various exhibits, the acquittal of accused warrants no interference.
The honourable Madras High Court held the fact that no particulars were given pertaining to the date on which the amount was advanced, the date on which the cheque was given, the non-explanation of the details regarding notice sent by the accused in the complaint though the same was received by the complainant much earlier to the filing of the complaint and the fact that the relationship between the family of the complainant and the family of the respondent got strained even prior to the alleged issuance of cheque by the accused that the accused owed money to the chit conducted by the complainant as well as was paying the amount till March, 2011 and no document was obtained by the complainant while the amount was advanced would lead to the conclusion that the complainant failed to prove passing of consideration and the accused also rebutted the presumption by those documents referred to above and even though the accused was not able to prove that the intimation about such cheque was given in the year 1996 and the evidence in that respect cannot be believed. Having regard to the finding given above, the honourable Madras High Court did not interfere with the findings of the trial Court of acquitting the accused.
Comments
Post a Comment