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HIGH COURT OF KARNATAKA
J.M. Khazi, J
M N Ramachandra – Appellant
Versus
Kempegowda J G – Respondent
| Table of Content |
|---|
| 1. appeal for acquittal and the facts behind the loan. (Para 1 , 4 , 10) |
| 2. burden of proof and evidence surrounding financial capacity. (Para 15 , 19 , 20) |
| 3. court's decision to uphold the trial court ruling. (Para 27 , 28) |
JUDGMENT
This appeal is by the complainant challenging the 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 accused is his friend having known for the past 10 years. Because of this acquaintance, accused borrowed hand loan of Rs.20,00,000/- in cash on various dates as detailed below to meet his domestic and personal commitments.
| Sl. No. | Date | Amount in Rs. |
| 1. | 03.01.2015 | 30,000-00 |
| 2. | 31.01.2015 | 30,000-00 |
| 3. | 02.03.2015 | 10,000-00 |
| 4. | 27.04.2015 | 15,000-00 |
| 5. | 21.05.2015 | 6,00,000-00 |
| 6. | 05.06.2015 | 1,15,000-00 |
| 7. | 15.06.2015 | 2,00,000-00 |
| 8. | 24.06.2015 | 5,00,000-00 |
| 9. | 02.07.2015 | 5,00,000-00 |
| TOTAL Amount | 20,00,000-00 |
4. Accused had agreed to repay the same with interest at 12% p.
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