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2023 Supreme(Online)(KAR) 1142

HIGH COURT OF KARNATAKA
MR RAJENDRA BADAMIKAR, J
SRI. MUTTAPPA @ MUTTURAJ – Appellant
Versus
SRI. PRABHU – Respondent


Advocates:
For the Appellants/Petitioners: SRI. SHIVARAJ P MUDHOL
For the Respondents: SRI. ANIL KALE

Table of Content
1. dishonour of cheque due to insufficient funds. (Para 3 , 5 , 6)
2. arguments regarding evidence and burden of proof. (Para 9 , 11 , 13)
3. discussion on presumption under the n.i. act. (Para 10 , 12 , 14)

ORDER

2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

The complainant and accused are close friends and accused was in need of money for his family and business necessity. Therefore, he approached the complainant in the month of September 2015 seeking financial assistance to the tune of Rs.6,00,000/- and the complainant has advanced the said amount to the accused, which was agreed to be repaid within one month. The accused did not repay the amount within the assured period. After repeated demands for repayment of the said amount, the accused has issued a cheque dated 21.09.2015 for Rs.6,00,000/- drawn on Karnataka Vikas Bank, towards repayment of the said amount and when the said cheque was presented for encashment through his Banker viz., State Bank of Mysore, Jamakahandi Branch on 30.09.2015, the same was dishonoured for insufficient funds. It is allelged that, as per the request of ac

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