Allowed
The State of Karnataka v. Asharani W/O Chandrakanth Malagere
Karnataka HCCRL.A/200137/2021
Case brief
AI extract
What is this about?
Complainant appealed against acquittal of the accused in a cheque-dishonour case under Section 138 NI Act. The trial court had held the complaint premature. On appeal, the court held the statutory presumptions were unrebutted, the evidence established dishonour of a legally enforceable debt, and the acquittal was unsustainable.
What did the court decide?
Appeal allowed; judgment of acquittal set aside; accused convicted under S.138 NI Act and sentenced to pay a fine of Rs.8,00,000, payable as compensation to the complainant.