Sri Pundareekakasha B R v. Smt K Vijayalakshmi
Case brief
What is this about?
Karnataka HC (Bengaluru), 21-01-2025, NC: 2025:KHC:2474, CRL.A No. 497 of 2015 (Shivashankar Amaranannavar, J.) — appeal under S.378(4) CrPC by complainant against acquittal under S.138 NI Act in C.C.No.13157/2013 (XL ACMM, order dated 26.02.2015). S.139 presumption raised on admission of signature but rebutted by proof of loss of two signed cheques, police complaint Ex.D1 and bank intimation Ex.D2 dated 20.12.2012 predating cheque No.780257 dated 01.02.2013; dishonour reason 'Payment stopped by Drawer'; onus shifted to complainant, who failed to prove the Rs.1,50,000/- lending and legally enforceable debt; appeal dismissed. Eleven precedents listed by counsel without individual discussion. Respondent's counsel absent at hearing.
What did the court decide?
None — the appeal was dismissed and the acquittal of the respondent–accused upheld; the appellant–complainant's prayer to convict the accused was rejected.