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KARNATAKA HIGH COURT
MS. JUSTICE J.M.KHAZI
SMT. KASTURI NAIK – Appellant
Versus
RADHA. S W/O. SRINATH. B. S. – Respondent
| Table of Content |
|---|
| 1. overview of the case and factual background. (Para 1 , 3 , 4 , 5 , 6) |
| 2. arguments presented by both parties regarding the trial court's decision. (Para 12 , 13 , 14 , 15) |
| 3. court's observations on the lack of evidence and procedural issues. (Para 19 , 20 , 21) |
| 4. discussion on the liability of accused no.1 based on cheque issuance. (Para 23 , 24 , 25 , 27 , 28) |
| 5. legal principles regarding cheques issued as security. (Para 30 , 31 , 32 , 34) |
| 6. court's conclusion on the liability of accused no.1 and no.2. (Para 36 , 37) |
| 7. final judgment and sentencing details. (Para 38 , 39) |
JUDGMENT
Being aggrieved by the acquittal of respondents/ accused for the offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('N.I. Act' for short) complainant has come up with this appeal under Section 378 (4) of the Cr.P.C.
2. For the sake of convenience, parties are referred to by their ranks before the trial Court.
3. It is the case of complainant that accused No.1 is the wife of accused No.2. Accused No.2 represented to the complainant that he is the agreement holder with the owner of Flat No.PH –1, 3rd Floor, Image Greens Apartments, having agreed to purchase it for a
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