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KARNATAKA HIGH COURT
G BASAVARAJA, J
SRI M. CHANNEGOWDA – Appellant
Versus
SRI S. SHANKAR – Respondent
| Table of Content |
|---|
| 1. facts of cheque dishonour and legal proceedings. (Para 3 , 5) |
| 2. arguments related to burden of proof and financial capacity. (Para 6 , 8) |
| 3. court's assessment of evidence and decision on conviction. (Para 10 , 12) |
| 4. legal reasoning regarding conviction upheld. (Para 11) |
(PER: HON'BLE MR JUSTICE G BASAVARAJA)
The accused has preferred this revision petition against the Judgment of conviction and order on sentence dated 30th June, 2016 password in CC No.294 of 2011 by the Principal Civil Judge & JMFC, Devanahalli (for short hereinafter referred to as "the trial Court"), which is confirmed by Judgment and order dated 2nd November, 2017 passed in Criminal Appeal No.15009 of 2016 on the file of V additional District & Sessions, Judge, Devanahalli (for short hereinafter referred as "the appellate Court).
2. The parties herein are referred to as per their status and rank before the trial Court.
3. Brief facts leading to this revision petition are that the complainant filed complaint under Section 138 of Negotiable Instruments Act, 1881 . It is alleged by the complainant that the accused has availed loan of Rs.3,40,000/- from him and towards repayment of the same, he has i
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