Sri P Girish v. D R Sathish
Case brief
What is this about?
Section 138 Negotiable Instruments Act; criminal revision petition S.397 r/w 401 CrPC; legally enforceable debt; due execution of cheque Ex.P1; cheque issued to third party Manjunath; complainant's financial capacity; IT returns; demand notice; adverse inference; statutory presumption rebuttal; mere suggestions without corroboration; perversity in concurrent findings; Sanjabij Tari v. Kishore S. Borcar 2025 SCC OnLine SC 2069; cheque no.349724 dated 08.02.2016; insufficient funds; State Bank of India Kushalnagar; C.C.No.224/2016; Crl.A.No.10/2020; CRL.RP No. 246 of 2025; NC: 2025:KHC:48829; High Court of Karnataka; Justice Ravi V Hosmani; compensation Rs.4,50,000/-; default simple imprisonment six months; revision dismissed.
What did the court decide?
The accused's plea that the signed Ex.P1 cheque was issued to one Manjunath was not established and Manjunath was not examined; consequently, due execution of Ex.P1 cheque stood admitted.