Back
IN THE HIGH COURT OF KARNATAKA AT BENGALURU A
MR S RACHAIAH, J
SRI SIDDESHWAR RAO – Appellant
Versus
SRI N. SATHYANARAYANA – Respondent
| Table of Content |
|---|
| 1. complaint on dishonoured cheque and acquittal. (Para 1 , 3 , 4) |
| 2. arguments on trial court's findings and assumptions. (Para 6 , 8 , 9) |
| 3. court's observation on presumptions and burden of proof. (Para 11 , 14 , 16) |
| 4. final decision reversing acquittal and convicting accused. (Para 19) |
JUDGMENT
1. This appeal is filed by the appellant / complainant being aggrieved by the judgment and order of acquittal dated 24.09.2016 in C.C.No.911/2015 on the file of the Judicial Magistrate First Class, 3rd Court, Davanagere, wherein the Trial Court acquitted the accused/respondent 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 henceforth will be considered accordingly for convenience.
Brief facts of the case:
3. The case of the complainant is that the accused had borrowed a sum of Rs.2,50,000/- from the complainant on 17.06.2013 for his family necessities and also agreed to repay the said amount within a short time along with interest at the rate of 2% per month. The accused had issued a post-dated cheque by mentioning the date as 09.10.2014. When the said cheque was presented fo
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
