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HIGH COURT OF KARNATAKA
P.N.DESAI, J
SRI. KANTHARAJEGOWDA G.S – Appellant
Versus
SRI DEVARAJU – Respondent
| Table of Content |
|---|
| 1. facts establishing loan agreement and dishonoured cheque. (Para 2 , 3 , 4) |
| 2. arguments regarding evidence and acquittal grounds. (Para 5 , 6 , 7 , 8) |
| 3. court observations on inconsistencies and evidence credibility. (Para 9 , 10 , 11 , 12 , 13 , 16) |
| 4. burden of proof and requirements for establishing debt. (Para 14 , 15) |
| 5. final decision on appeal dismissing the case. (Para 17 , 18) |
JUDGMENT
Heard the learned counsel Shri N. Murali for the appellant and the learned Senior Counsel Shri R.S. Ravi appearing on behalf of Shri Narendra D.V. Gowda, learned counsel for the respondent.
2. This appeal arises out of the judgment of acquittal passed by the learned Senior Civil Judge & JMFC, Krishnarajanagar in C.C.No.308/2016 dated 06.04.2018. The appellant was the complainant before the Court and the respondent was the accused.
3. The appellant filed a complaint before the Trial Court alleging that on 20.04.2016, the accused borrowed a sum of Rs.2,50,000/- for his legal necessities and also for discharge of his earlier loan. The accused promised to repay the amount and in respect of the payment, he has issued a post-dated cheque bearing No.189441 for Rs.2,50,000/- dated 25.05.
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