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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S RACHAIAH, J
T. TULASIDAS – Appellant
Versus
SMT. RATNAMMA – Respondent
| Table of Content |
|---|
| 1. loan transaction and dishonoured cheque (Para 3 , 4 , 5) |
| 2. misinterpretation of burden of proof (Para 7 , 8) |
| 3. defendant's financial capability questioned (Para 9 , 10) |
| 4. presumption in section 138 cases clarified (Para 12 , 13 , 14 , 15) |
| 5. denial of transaction insufficient for acquittal (Para 16 , 17 , 18 , 19) |
| 6. criminal appeal verdict and orders (Para 20) |
CAV JUDGMENT
1. This appeal is filed by the appellant being aggrieved by the judgment of acquittal passed by the Appellate Court for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I Act’).
2. The ranks of the parties in the Trial Court will be considered henceforth for convenience.
Brief facts of the case:
3. It is the case of the appellant that he knew the accused since many years and both were known to each other. It is stated that the accused had borrowed a sum of Rs.30,00,000/- on different dates for the purpose of purchasing the gold and silver articles on the occasion of the marriage of her daughter and also for other legal necessities.
4. It is stated that in the first week of April 2017, when the complainant approached the accused and asked her to return the loan
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