KARNATAKA HIGH COURT
Ramachandra D. Huddar, J
M/S M.K.AGRO TECH PVT LTD – Appellant
Versus
SMT. RENUKA W/O LATE GAVI RANGAPPA – Respondent
| Table of Content |
|---|
| 1. dishonour of cheque under section 138 ni act. (Para 1 , 3 , 4 , 5 , 6 , 7) |
| 2. presumptions concerning liability of cheque. (Para 8 , 10 , 11 , 12) |
| 3. evidence requirements for rebutting presumption. (Para 13 , 14 , 15) |
| 4. restoration of trial court's judgment. (Para 18 , 19) |
ORAL JUDGMENT
2. The parties to this appeal are referred to as per their rank before the trial Court for convenience.
The complainant/appellant filed a complaint under Section 200 of Cr.P.C against the accused alleging offence punishable under Section 138 of the Negotiable Instrument Act, 1881 (for short 'NI Act'), stating that, complainant is a 'cooking oil manufacturing company' and the accused was the distributor of 'Sunpure cooking oil', running her business under the name and style of 'Renuka Enterprises and Trading', Brigade Road, Bhadravathi. It is stated that, the complainant's company has supplied the 'Sunpure cooking oil' to the accused on credit basis. The accused used to repay the amount for having received this cooking oil. It is stated that, in discharge of the said amount towards purchase of the 'Sunpure cooking oil' on 27.12.2017, accused issued a cheque bearing No.691663 in the
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