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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
Heard the learned counsel for the appellant and the learned counsel for the respondent.
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).
3. The factual matrix of the case of the complainant before the Trial Court is that the accused is known to the complainant since ten years and he is also a family friend and on many occasions the accused had borrowed money from the complainant and repaid the same. It is the case of the complainant that in the month of April 2013, the accused approached the complainant and sought Rs.3,75,000/- for his legal necessities and assured the complainant that he would repay the amount within five months. It is the case of the complainant that the amount was lent in the mo
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