Back
ANIL B. KATTI
Amaresh S/o. Adappa Kadabur – Appellant
Versus
Shivakumar S/o. Jevendra – Respondent
JUDGMENT :
The appellant/complainant is challenging the judgment of acquittal passed by II Additional Civil Judge & JMFC, Sindhanur in C.C.No.856/2015, dated 07.08.2019 for the offence under Section 138 of N.I.Act.
2. The parties to the appeal are referred with their ranks as assigned in the Trial Court for the sake of convenience.
3. The factual matrix leading to the case of complainant can be stated in nutshell to the effect that accused has approached the complainant and requested to give hand loan of Rs.5,00,000/- for his legal necessities. On 02.02.2009 the accused on executing demand promissory note in presence of witnesses has taken loan of Rs.5,00,000/- agreeing to pay interest at 2% per month. The accused in order to discharge the said debt has issued cheque bearing No.128218 dated 02.01.2012 drawn on Canara Bank, Sindhanur Branch for an amount of Rs.8,50,000/- inclusive of interest. The said cheque on presentation through his banker came to be bounced for want of sufficient fund in the account of accused as per bank endorsement dated 04.01.2004. The complainant has issued demand notice dated 17.01.2012 on two addresses of accused. The said notices were returned with endorsem
The court clarified the requirements for proving a cheque bounce case under Section 138 of N.I.Act, including the presumption under Section 139 and the scope of Section 141 regarding the liability of....
The presumption of liability in dishonor of cheques under Section 139 of the NI Act is rebuttable, requiring the accused to provide credible evidence to challenge the presumption of a legally enforce....
The issuance of a cheque signifies a legally enforceable debt under Section 138 of the N.I. Act, and the burden to prove otherwise lies with the accused, not the complainant.
The proprietor of a sole proprietorship holding liability for a dishonored cheque under Section 138 NI Act does not require the business entity to be arrayed as an accused.
The main legal point established in the judgment is the onus on the accused to raise a probable defense and the requirements for rebutting the presumption under Section 139 of the Negotiable Instrume....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
