JAIN P. JOSE Vs. SANTOSH

JUDGEMENT

(1.) Leave granted.

(2.) In our opinion, the impugned judgment passed by the High Court of Kerala, Ernakulam dtd. 24/7/2015, dismissing the appeal preferred by the appellant - Jain P. Jose, against the judgment of the trial court dtd. 17/3/2015, cannot be sustained. An order of remand is required.

(3.) The judgment under challenge reasons that the appellant - Jain P. Jose had admitted that the entries/details in the cheque bearing No. 054984 dtd. 2/2/2010 for a sum of Rs.9,32,000.00 (Rupees Nine Lakhs Thirty Two Thousand Only) drawn on South Malabar Gramin Bank, Olarikkara Branch, Thrissur, were not in the hand of the accused/respondent- Santosh. Hence, the presumption under Ss. 118 and 139 of Negotiable Instruments Act, 1881[For short, the N.I. Act.] does not arise. Accordingly, the High Court agreed with the reasoning given by the trial court that the appellant - Jain P. Jose, was not able to adduce sufficient evidence that he was in a position to advance a loan of Rs.9.00 lakhs to the respondent. The High Court relied on the judgment of this Court in "John K. Abraham v. Simon C. Abraham", (2014) 2 SCC 236.