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KARNATAKA HIGH COURT
H.P. SANDESH, J
SRI. MANJUNATHA – Appellant
Versus
SMT. VALARMATHI – Respondent
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| Table of Content |
|---|
| 1. overview of legal proceedings and initial loan transaction. (Para 2 , 3) |
| 2. accused's defense and claims of notice service failures. (Para 6 , 7) |
| 3. court's evaluation of evidence and the validity of notice served. (Para 10 , 11) |
| 4. court's reaffirmation of legal presumption under the ni act. (Para 14 , 15) |
| 5. final ruling and dismissal of petition. (Para 16 , 17) |
ORAL ORDER
Heard the learned counsel for the petitioner and the learned counsel for the respondent.
2. This revision petition is filed against the conviction passed in respect of the offence punishable under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short) and directing to pay the amount of Rs.5,60,000/- and ordered to defray an amount of Rs.10,000/- towards the State and also the confirmation order passed by the Appellate Court in Crl.A.No.1727/2019.
3. The factual matrix of the case of the complainant before the Trial Court is that in the month of April 2014, the accused who was facing financial constraints, had borrowed a sum of Rs.4,00,000/- from the complainant as a hand loan to meet his domestic and financial constraints and also to invest on the brick industry at Gangavathi, Koppala D
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