KARNATAKA HIGH COURT
H.P.SANDESH, J
SRI. H.R. SATHISH – Appellant
Versus
SRI. J. RAVINDRALAL – Respondent
| Table of Content |
|---|
| 1. complaints regarding cheque dishonor and past loans. (Para 2 , 3 , 4) |
| 2. discussion on statutory presumptions related to debts. (Para 5 , 6) |
| 3. legal principles on proving debt burdens. (Para 9 , 14) |
| 4. defence supporting financial capacity negating necessity for borrowing. (Para 10 , 12 , 15) |
ORAL JUDGMENT
2. This appeal is filed challenging the acquittal order dated 15.10.2018 passed by the Trial Court in C.C.No.961/2015 for the offence punishable under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short).
4. Being aggrieved by the acquittal order, the present appeal is filed contending that admittedly there is an admission on the part of the respondent that signature and the cheque involved in the transaction belongs to the respondent. It is also the contention that the findings recorded by the Trial Court that the respondent had availed the loan of Rs.6,40,000/- on 15.03.2013 and there was no need for the respondent to avail the loan from the complainant during the month of May 2013, is erroneous. The learned counsel contend that it is the contention of the accused that he had issued two cheques while availing the loan of Rs.1 lakh and he repaid the
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