2019 ACD 969 (KAR) ::AIROnline 2019 Kar 1381 ::2020 (2) NIJ (SN) 726 (Kar) ::2020 (2) NIJ 726

Karnataka High Court

Hon'ble Judge(s): B. A. Patil , J

(A) Negotiable Instruments Act (26 of 1881) , S.138, S.139— Dishonour of cheque - Enforceable debt - Presumption as to - Accused borrowed sum from complainant as hand loan - Plea by accused that complainant not having capacity to lend money - Evidence on record clearly showing that amount had been given to accused through account payee cheque - Said cheque encashed by Firm in which accused is Managing Partner - Accused as well issued cheque to complainant as Managing Partner - Accused neither denying entry in Bank account extract nor issuance of cheque to complainant - Presumption under S.139 would operate against accused - Plea, not tenable - There exists legally enforceable debt - Conviction, proper. (2010) 11 SCC 441, Rel on. (Para 8 9) (B) Negotiable Instruments Act (26 of 1881) , S.138— Dishonour of cheque - Conviction - Plea by accused that no service of notice as contemplated - Accused executing demand promissory note - Notice issued to him and endorsement issued by postal authorities regarding due service of notice - Plea, not tenable - Conviction, proper. (Para 10) (C) Negotiable Instruments Act (26 of 1881) , ....