Sri P L Kempegowda v. Sri C S Rangaswamy
Case brief
What is this about?
S.138 NI Act cheque dishonour case; complainant's criminal appeal (styled CRL.A, prayed under S.397 Cr.P.C) against judgment of acquittal; reversal of acquittal standards - acquittal reasons not perverse or illegal; complainant's burden to prove cheque issued in discharge of legally enforceable debt; proof of advancing hand loan of Rs.3,00,000/- in cash; signature comparison Ex.P5 (cheque) versus Ex.P10 (bank agreement) varying in entirety; absence of specimen signatures and cheque-book issuance register; dishonour endorsement 'funds insufficient'; service of legal notice Ex.P4 through postal acknowledgment, address admitted; witnesses PW1 complainant, PW2 Bank Manager, PW3 Postmaster, DW1 accused; forums: Civil Judge & JMFC Turuvekere (CC No.48/2010), V Addl. District & Sessions Judge Tiptur (Crl.A No.55/2013), High Court of Karnataka Bengaluru (CRL.A No. 553 of 2014 (A)); judge: Mohammad Nawaz; decision date 02.04.2026.