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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

This revision petition is filed by the accused against the judgment of conviction and order of sentence dated 07.09.2019 passed by the Additional Civil Judge and JMFC, Jamkahandi (‘trial Court’ for short) which is confirmed by the I additional District and Sessions Judge, Bagalkot sitting at Jamkahdi, vide judgment and order dated 04.09.2021 in Criminal Appeal No.86/2019.

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

3. The brief factual matrix leading to the case are as under:-

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 a

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