Sri.Jesudas v. Sri.Hullure Gowda
Case brief
What is this about?
S.138 NI Act cheque dishonour; criminal appeal by complainant dismissed; legal presumption in favour of complainant rebutted via lost-cheque report Ex.D4 endorsed by bank on 21.08.2010, predating cheque presentation; 'exceeds arrangement' versus 'stop payment' dishonour endorsement; complainant failed to show source of Rs.3,00,000/- hand loan; acquittal by Sessions Court in Crl.A.No.1238/2014 upheld; original conviction in C.C.No.17977/2011; M/s Harish Traders; Karnataka High Court; Justice Mohammad Nawaz; decided 02.04.2026; CRL.A No. 625 of 2015.
What did the court decide?
On a careful examination of Ex.D4, this Court holds that the letter dated 21.08.2010 reporting loss of the cheque was received and acknowledged by the bank on 21.08.2010 itself, and not on 04.08.2010 as concluded by the Trial Court; the loss report therefore predates presentation of the cheque.