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HIGH COURT OF KARNATAKA
P.N. DESAI, J
SMT. H.D. PREMA – Appellant
Versus
VISHWA GOWDA – Respondent
| Table of Content |
|---|
| 1. accused acquitted for insufficiency of transaction evidence. (Para 1 , 2 , 8) |
| 2. details of misconduct in transaction established through evidence. (Para 3 , 4 , 6 , 7 , 13) |
| 3. affirming rebuttal presumption under n.i. act requires clear evidence. (Para 9 , 10 , 11 , 12) |
| 4. original presumption of validity of cheque must be rebutted by substantial evidence. (Para 18) |
JUDGMENT
2. The appellant was the complainant and the respondent was the accused before the Trial Court. They will be referred as per their respective ranks held before the Trial Court for the sake of convenience.
Hence, the complainant lodged the complaint.
5. Heard Sri. S.B.Pavin, learned counsel for the appellant and Sri. Pradeep Naik K., learned counsel for the respondent.
7. Against this learned counsel for the respondent argued that the judgment passed by the Trial Court is legal and based on settled principles of law regarding appreciation of evidence. The complainant has failed to prove that there is any legally recoverable debt. No material is placed to show that the accused has issued the cheque in connection with purchase of coffee seeds from the complainant. Learned counsel argued that the compla
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