Back
THE HIGH COURT OF KARNATAKA
MR. S VISHWAJITH SHETTY, J
SRI. BADRINATH LADDA – Appellant
Versus
SMT. D. VIJAYA – Respondent
| Table of Content |
|---|
| 1. overview of case initiation and hearings. (Para 1 , 2) |
| 2. accusation based on dishonour of cheque and conditions stated. (Para 3 , 5) |
| 3. arguments regarding legal standing and debtor relations. (Para 6 , 8 , 14) |
| 4. court required balance between presumption of debt and contractual conditions. (Para 20 , 21) |
| 5. outcome of the revision petition and acquittal of the petitioner. (Para 22) |
CAV ORDER
2. Heard the learned Counsel for the parties.
4. In the said proceedings, petitioner after receipt of summons from the Trial Court, had appeared before the court and claimed to be tried. To prove her case, the respondent had examined herself as PW-1 before the Trial Court and got marked 26 documents as Exs.P-1 to P-26. On behalf of the defence, no oral evidence was led, but six documents were got marked as Exs.D-1 to D-6.
6. Learned Counsel for the petitioner submits that the cheque in question has been issued by the petitioner under letter Ex.D-3 which would go to show that the said cheque was issued with a condition that respondent shall ensure and supply iron ore fines Fe % 63.5+. Undisputedly, the respondent has not complied the said condition, and therefore, it cannot be said
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
