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SUPREME COURT OF INDIA
B.V. NAGARATHNA, K.V. VISWANATHAN, JJ
MOHAMMAD ALI – Appellant
Versus
SHARANAPPA – Respondent
| Table of Content |
|---|
| 1. judgment reversal details. (Para 2) |
| 2. court's operational directives. (Para 3 , 4 , 8) |
| 3. arguments regarding acquittal and compensation. (Para 5 , 6 , 7) |
| 4. ruling on presumptions and foundational facts. (Para 9 , 10 , 11) |
| 5. final judgment and conclusions. (Para 12 , 13 , 14 , 16) |
O R D E R
Leave granted.
2. Being aggrieved by the judgment dated 09.10.2023 passed by the High Court of Karnataka-Kalaburagi Bench in Criminal Appeal No.200030 of 2017, the appellant/accused is before this court. By the said judgment, the judgment of acquittal dated 06.01.2017 passed by the I Addl. Civil Judge & J.M.F.C.I Vijaypur in Criminal Case No.2378 of 2013 has been set aside and the appellant has been convicted of the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as, “the Act”).
3. The operative portion of the impugned judgment reads as under:
“The appeal filed by the complainant is allowed. The impugned judgment and order dated 06.01.2017 passed by the I Additional Civil Signature Not Verified Judge and JMFC-I, Vijayapura, in Digitally signed by B DO atR e:R 2A 0 2L 5M .0 V 7A .3L 1LI C.C.No.2378/2013 is hereby set aside.
16:59:46 IST Re
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