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HIGH COURT OF KARNATAKA
J.M.KHAZI, J
SMT. KOMALA W/O K VIJEKUMAR – Appellant
Versus
SMT. KALA K W/O SRI RANGANATHA – Respondent
| Table of Content |
|---|
| 1. appeal against acquittal under section 138 of n.i. act. (Para 1 , 3) |
| 2. complainant's failure to meet the burden of proof. (Para 9 , 10) |
| 3. evidence of financial capacity unconvincing. (Para 12 , 25) |
| 4. presumption of liability is rebuttable by the accused. (Para 15 , 20 , 21) |
JUDGMENT
Being aggrieved by the acquittal of respondent/accused for the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short 'N.I. Act') by the trial Court, appellant/complainant has come up with this appeal under Section 378 (4) of Cr.P.C.
2. For the sake of convenience, parties are referred to by their rank before the trial Court.
3. Complainant filed the complaint, contenting that accused is known to her since past 23 years. During 2010, accused became a tenant under the complainant. During 2012, accused was running chit business. On 15.06.2012, accused opened a chit for Rs.1,50,000/- with 50 members and the members were required to pay Rs.3,000/- p.m. Complainant invested in 11 chits. The first chit was closed on 15.07.2014. After closure of the said chit, a sum of Rs.16,50,000/- belonging to the complainant remained with the accused. On 15.09.2012, accused
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