Sri a Ramesh Arun, v. Smt S Girija Shivaram
Case brief
What is this about?
This judgment rejects criminal appeals filed by a complainant challenging an order of acquittal under Section 138 of the NI Act. The High Court upheld the trial court's decision, finding no legally enforceable debt due to inconsistencies in evidence and limitation issues.
What did the court decide?
The appeals against the order of acquittal stand rejected; the acquittal is upheld.
What the court decided
- 1 - NC: 2023:KHC:45056 CRL.A No. 275 of 2020 C/W CRL.A No. 377 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE RAJENDRA BADAMIKAR
CRIMINAL APPEAL NO. 275 OF 2020
C/W
CRIMINAL APPEAL NO. 377 OF 2020
IN CRL.A.NO.275/2020:
BETWEEN:
SRI. A. RAMESH ARUN, MANAGING DIRECTOR, M/S R ARUNACHALAM PROPERTIES CONSULTANTS AND PROMOTORS PVT. LTD., REGISTERED OFFICE AT NO.201, 2ND FLOOR, ROYAL CORNER NO.1 AND 2, LALBAGH ROAD, BANGALORE-560 027,
Issues for consideration
3 issues framed by the court
Whether the High Court should set aside the order of acquittal passed by the Magistrate regarding the offence under Section 138 of the Negotiable Instruments Act.
Whether the appellant has established any legally enforceable debt or prima facie case for admitting the appeals against the acquittal.
Whether the complaint was filed in the proper capacity of the entity to which the transaction pertained.
Parties & counsel
- appellant
SRI. A. RAMESH ARUN
- respondent
SMT. S. GIRIJA SHIVARAM
Coram
RAJENDRA BADAMIKAR
Case details
As recorded by the court registry
- Court
- Karnataka HC
- Decided on
- · December
- Registered
- Case no.
- CRL.A/275/2020
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