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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
This appeal arises out of the judgment of acquittal passed by the learned Principal Civil Judge, JMFC, Mudigere in C.C.No.645/2009 dated 12.07.2011, wherein, the learned JMFC acquitted the accused for the offences punishable under Section 138 of the Negotiable Instruments Act (hereinafter be referred to as ‘N.I. Act’ for short). Aggrieved by the same this appeal is filed.
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.
3. The complainant lodged a complaint before the learned JMFC stating that the accused has purchased the Coffee seeds from the complainant and he issued a cheque bearing No.522755 dated 07.07.2009 for a sum of Rs.3,60,000/- dra
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