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2023 Supreme(Online)(KAR) 1587

HIGH COURT OF KARNATAKA
P.N.DESAI, J
SRI. KANTHARAJEGOWDA G.S – Appellant
Versus
SRI DEVARAJU – Respondent


Advocates:
For the Appellants/Petitioners: SRI. N. MURALI
For the Respondents: SRI. R. S. RAVI, SRI. NARENDRA D.V. GOWDA

Table of Content
1. overview of the appeal's background and facts. (Para 2 , 3)
2. arguments by appellant regarding the handling of evidence. (Para 4 , 5 , 6)
3. counterarguments by the respondent regarding the validity of the claim. (Para 7 , 8 , 9)
4. court's analysis of the evidence and burden of proof. (Para 10 , 11 , 12 , 13)
5. court's conclusion on the presumption and appeal dismissal. (Para 14 , 15 , 16)
6. final judgment and order of the court. (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

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