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Documents citing Sri K V S Prakash vs Sri P K Sundaraj on 30 June, 2014

In Re: Krishan Gopal vs . Dansingh Bisht on 1 June, 2023

32. Before parting with the judgment it is pertinent to mention that during the course of final arguments, the Ld. counsel for the accused has relied on the following judgments: P Jayaraj v. R Saroja 2007 (1) DCR 562 - primary burden of proof lies upon the complainant; K Prakashan v. P K Sundaran - the accused must rebut the presumptions as per the requirement of preponderance of probabilities; J K Abraham v. Simon C Abraham Criminal Appeal 2043/23 - Evidence of source of income has to be proved by the complainant ; M/s Sekhon and Sekhon v. Rani (CRMA 212 - MA 2012- mere admission of signatures does not tantamount to admission of guilt. This court humbly bows down to the law laid down in the abovementioned judgments and the same have been duly considered in appreciating the facts and circumstances of the present case. Lastly, in his written arguments, the Ld. counsel for the accused has also emphasized on the fact that the complainant has failed to establish the fact that the territorial jurisdiction of the present matter lies with this court, as he did not summon the authorized employee of his bank to prove the fact that the said bank lies within the territorial jurisdiction of this court. In the considered opinion of this court, the said argument is devoid of any merits, as the return memorandum (Ex.CW1/B) categorically mentions the bank of the complainant to be State Bank of India, Uttam Nagar, which is within the territorial jurisdiction of this court. Thus, the accused cannot be given any benefit of the argument that the complainant has failed to prove that this court lacks the territorial jurisdiction to try the present case.
Delhi District Court Cites 16 - Cited by 0 - Full Document

Arvindkumar Jayantibhai Dabhi vs Ankitbhai Hamirbhai Rathod on 20 February, 2025

10. The learned Trial Court has relied upon the law laid down by the Apex Court in the case of Rev. Mother Merikuti Vs Reni C Kotaram and Ors. reported in 2013 1 DCR 577, John K Abraham Vs Simons C Abraham reported in SCC 2014 2 236, J Jukesh Sahegal Vs Shamsher Singh Gogi reported in 2009 2 DCR 296 and K. Prakashan Vs P. K. Sundaran reported in 2008 1 GLH 362 and in light of the same, has concluded that from evidence on record, the accused had created reasonable doubt and the applicant has failed to produce reliable and cogent evidence on record Page 12 of 13 Uploaded by VASIM SHABBIR SAIYED(HC01902) on Thu Feb 20 2025 Downloaded on : Thu Feb 20 22:49:56 IST 2025 NEUTRAL CITATION R/CR.MA/16377/2024 ORDER DATED: 20/02/2025 undefined about the legally recoverable debt from the accused and the applicant has not proved his case beyond reasonable doubt. The learned Trial Court has concluded that the accused has successfully rebutted the presumption based on preponderance of probability and in light of the above observation, the learned Trial Court has passed the impugned judgment and order of acquittal, which is just and proper and does not require any interference of this Court.
Gujarat High Court Cites 15 - Cited by 0 - Full Document
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