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HIGH COURT OF KARNATAKA
J.M. KHAZI, J
MR RAVI KUMAR – Appellant
Versus
MR BIKARAM G – Respondent
| Table of Content |
|---|
| 1. challenge of acquittal under n.i. act. (Para 1 , 2 , 3 , 13) |
| 2. arguments against trial court's judgment. (Para 9 , 10 , 18) |
| 3. court's analysis of evidence and presumption under n.i. act. (Para 14 , 15 , 16 , 17 , 19) |
| 4. conclusion affirming trial court's decision. (Para 20) |
JUDGMENT
This appeal is by the complainant challenging acquittal of respondent/accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I.Act" for short) by the trial Court
2. For the sake of convenience, parties are referred to by their rank before the trial Court.
3. Complainant filed the complaint under Section 200 of Cr.P.C against accused alleging that he and accused are known to each other as they had financial transactions. On 20.05.2013, accused borrowed hand loan of Rs.7,00,000/- with a promise to repay the same within six months. Towards repayment of the same, he issued cheques dated 05.11.2013 for Rs.25,000/- and 30.11.2023 for Rs.6,75,000/- assuring prompt payment.
However, when he presented them for encashment, they were dishonoured for reason "payment stopped by the drawer". When complainant brought this fact to the notic
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