Back
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
S.VISHWAJITH SHETTY
Veeranna, S/o. Bhimappa Ambiger – Appellant
Versus
Venkatesh, S/o. Pandappa Jadav – Respondent
| Table of Content |
|---|
| 1. introduction to the case and background facts (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments regarding the acquittal and non-payment (Para 7 , 8) |
| 3. process and issues regarding the lok adalath (Para 9 , 10 , 11) |
| 4. discussion of fraud and consequences (Para 12 , 15 , 18) |
| 5. legal definitions and implications of fraud (Para 16 , 17 , 19 , 21) |
| 6. evaluation of the case in light of precedent (Para 24) |
| 7. final orders and judgments (Para 25) |
ORDER :
S. VISHWAJITH SHETTY, J.
1. These two petitions arise between the same parties out of the same proceedings and therefore they are heard together and disposed off by this common order.
2. Heard learned counsel for the parties.
3. Petitioner in Criminal Petition No.103181/2025 had initiated proceedings against the respondent therein, before the Jurisdictional Court of Magistrate for offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short, ‘NI Act’).
4. It is the case of the petitioner that towards repayment of the amount of Rs.5,00,000/- which the respondent was due to pay him, the cheque issued by him for a sum of Rs.5,00,000/- in favour of the petitioner dated 18.09.2017 drawn on ICICI Bank, Ilkal branch bea
An acquittal under Section 147 of the Negotiable Instruments Act is void if based on fraudulent misrepresentation regarding payment, and such error can be rectified by restoring the original proceedi....
The Lok Adalat cannot impose conditions beyond a compromise agreement, as its role is limited to facilitating settlements without adjudicatory powers.
A cheque issued as security raises presumption of debt under Section 138 of the NI Act, which can be rebutted by proving no liability exists; concurrent civil proceedings do not preclude criminal act....
Sending replacement cheque in closed cover refused by payee does not amount to payment under Section 138 NI Act Proviso (c) as payee must possess money; compounding requires complainant's consent.
Accused must show willingness to pay interest and costs to be considered for discharge under Section 138 of the NI Act.
It is settled law that in order to execute a decree, decree must be one capable of execution and terms thereof shall be sufficient to get same executed.
Presumption against the drawer of the cheque, dishonour of cheques due to closure of the account, and the petitioner's failure to rebut the presumption.
The court established that the discretion under Sec. 143-A of the NI Act must be exercised judiciously, taking into account the presumption of liability under Sec. 139, and that mechanical rejection ....
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
