COURT OF KARNATAKA HIGH COUR1"'()_;F KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUN
B4' THE HIGH CCJURT OF KARHATAKA AT
mmo ms um 21» my on _
BEFGRE _ k%Z
132 HCBIPBLE MR. Justice %. ;
Sic Labhand A
Since dec-ans-ed
1(a) M.
I(b) Myma
1(c} M. Ralnaalfl' 5
zcdr 5m1==
A}! are raaifijngjgt rzgmza,
10:2:
, ow.
. . Appelhnw
Mm:
* _ vsfa Hagapw, Kat. State. Co.Op.
Ltd".
' fimalom 560 om'
...Raapondc11t
(By Sri 5.3. Khudm, Aémj
'Fifi Criminal Appeal filed under Sectbn 378(1) of
the Grade :3!' Criminal Plxzcedurt-.:, 1973 to set aside rm
at'
' COURT OF KARNATAKA I-ISGH COURT KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIS?! CO
Ul
debt, but tbs safi chaque when praentecl for
mm m be ammnuma. '1"hemfi::m the
mm: at' of dishnmusr at
nah?-.:e Ex. I' 4 1:2: the ' "V 4' O
was chsliwred the mpond¢11t__
mm Ex, P 5 was returned '3 at
Ex. P 5. Thearefore the Ex. P 7
appmrexi not guilty and his
pba wag The nespommat
the scharges levelled agamt
'rim mpmaem himees as mi 1 and
gpt 7 as Ex. P 1 to 7. Wha-eaa the
mm into the wimeas box however
, Manm of the Bank as m: 1
_ got marlmd as Ex. I) 1. Am-
the evidence the trial Ccurt fimrni that the
eommma an afieame punishable under
133 of the nu. Act and mum contractual' and
aamtenwd him in pay fine of Ro.1,60,000{- in dafault ta
undfismpb m h'ak I!II'3ft11'1'B whichwns
fig
r
I COURT OF KARNATAKA HIGH COUIZ3' KARNATAKA RIG?! COURT OF KARNATAKA HIGH COURT OF KARNATAKA I-HG!-f COURT OF KARNATAKA HIGH COUI
Rsm%.fi00{- an 23.7.1999 asaurhag that appellant he.
wax-spay me name mum 15 days. am hg
rem}; the amount, can 25.8.1999
chaqug, E): P 2 for Ra.8€},G0O[-- an O
fitate Ea-Ogmative Apcx
Efialore. Wham the on
5.919% thrcugh has beaigrmoumd
with an Cbaed'.
zwsfiam hgga.-t 4- by RPAD. Ex. P
5 am: a #,ch1owle t with
an -'Therefore a complaint Ex. P
'S4' was under Section 200
Sr-.13?,,1£',:f'f§'V <1: that the trial Caurt has rightly
but tlm Loam Appellate Court
conclusion that the cheque Ex. P 2
e-arbiter at' the closure. at the account.
am judmm and mu gr conviction passed by
trial Court Gama: to be set aside which in
mum. It is argued that the lowm Appallauz
Cfccurt has fafiad 9:: consider that the rmpondecnt has
emerzunedanondazvandpramisaorymhemai
- wuuatl Ur KAXNATAKA HIGH COU8? KARNATAKA HIGH COURT OF KARNAVAKA HIGH COURT CF KNHVATAKA HG!-1 COURT OF KARNATAKA HIGH COUI
mmiémamn rezmzpt wmch was ma:-knd as Ex. P
23.?.1§99 but the cheque Ex. P 2 came to
$25.-8.1999 nearly after one month.
mmidwafian «ems, the my O];;»' O
mm in the mnxzzlmion that adfiafiint _
reuponciant at: 27.19.1993 of bank
datzaaé 7.9.1999 in was
issued by 11:35 accused the closure of
the amum. cheque was
issued mm. In ms.
beam _I.h¢ daehinn rendered by this
cam m ma-away W Athok cu:
4127 wherein this Court has
in Iaw to make a disfimdzion,
where the cheque is issued hafiore the
' _ T 3 chefifaa a-ecczmt or subaequem to the closure of tin:
A In ether wards, where the rakxsura of the
praaedw er aueeaeds the ziamama of choqua. in
the situation, itwonld be an oflemee wider Section.
138 ofthc N}. 23.01:.
KARNATAKA HIGH COUI
that the chequa isauacl from a closed bank
the XL Act would appiy war: if the chequa
the classed aecmunt. Tfwrafone it '5 argued O
Ex. P E' isauad by the T'
that me cheque should no}: .
issued Ex. P 2. order in
set aafixlca the order of
eumvznmo' ' 21 ma!' Court.
3?'. As Caramel for the nmpumiua.-nt
is a. money liar while
he has taknn a blank cheqm.
and Q-mmbai the same for
an ulterior mafive which came m be
. 2: is argued that the mm and a'g.uatu.re
% km :53. P2 chequa is in em mu am the data as wall
I IL.uUKl' OF KARNATAKA HIGH COOS?' KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HEGH COURT OF
T%for%ethaappellamcannotmakauseoft11eblank
cheque which was wllected from the respondent as
‘:5;
‘,1
.c’I.I_ ” 1
/”
security, filled himself and prwmted fer
‘I% is no mlizi amrvioe afnatice on the
reapo«w.ent was an «extra ardinary leavns gs. 1.. V» x
in bamm 229.1999 and 1z.w;:99r;5, ; “i % .. A
valid semis: cf’ notim on
that mum only the man: the
oomiaixxt but zxfixflméon in
octmvictim 1% Sessions
Judy’ has and order of
an the that the postal carver doea
mt it was returned tn the
an the caves: “1’* 23.9.1999 2″‘
~ _§’3I§ not sumciem; be pme that am intimation
_ post man and it carznot W said that
K V «Ex. regaaktared cover said to have
. the demaw mfice. Sizme there was an valid
of notice an the respondent, however it is argued
the legal zzusxticae am not mutafin on which am the
rzatioa sent by the appellant was rettzrnad. In the absezwe
cfsuzzézaadmsmenzonthe pastalcaver or inthe lqal
.’ ._f /”/I
/»
HIGH COUH
nafim it ahcsuid be prmumed am than is In
$2″ mfice under Section 135(5) of the m. Ac1;_,it_
is aubmitmd that the appeal is mm; m be is
the Bank in which the
of the rwpondant. was on
an Own’ 1+ Xlanw to 1.19.1999.
Raapa~3fie::1t;_ The. appellant
has mt taken mpg raspoment
um he was in auoh there 3 m
mlid smsréae cf The appellant
rightly some to the comhaaion
However it ‘3 arguad that the
the cheque, there was 119 on
A’ iipafirasoxy new acecumd by him. Humee prayed
and m.-elm of acquittal passed by the
……m- VII nnnfil-\lHl\A HIGH C0613?-AOLF KARNATAKA HIGH COURT OF KARNATAKA H16}! COURT OF KARNATAKA HIGH COURT OF KARNATAKA
Smsions -Judge do-ea mt require any inetezferm.
¢ ///i
x
<, — r
LUUKF OF KARNATAKA HIGH COURT KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUF
I1
8. Hsaard the argummus of learned Commas)
appellant and the respondent. It is the
appclhnt-complainant that he is ..:
The mpondm was in need of
mm a mm or Rs.so,ow;g
23.7.2999. At the timx: of
aasumd that he will 15 days.
Since he mm f.’m’.!t:a:I mm;-my isvhcn aakad by
the fifii-3’3HB–_’?1.t cheque Ex. P 2
datsed was praented
far mm it was asahomm-ed
and ‘Th’: sac: has not been
the mnpomient. Ex. F’ 1 is the
j and consideration rwmt datad
$3;§;’*§§§§;1A’.V3g9#5§ndent has mt disputed the txarmmts of
132:. P’ 1., me: and ecmidmatian reoeipt. This
show that the responden: has borrowad
– and (acecuted an on (Cd promiaaory mm
23.0′?’.3.999. It is fin specific: mnwrxtion of the
appellssnt that the cltmquae Ex. P 2 dated 25.8.1999 was
issued bythamaponienttawartis dischargeoflqally
,/
/Z
L-;_,,,..,« r -‘\
/Ev’? _. .. /
COURT OF KARNATAKA HIGH KARNA’fAXA HSGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUI
I2
rwowble debt. It in saw that mm a eomlaifitbjwaa
fled by am Oman and aumtug the
‘ ‘ man: he died and his sail. PW
ravsmaafiva af tbs d%sad
have want: -an regard as L.Ra;s3f ~ ”
and the 2m: legal
tha caasa. He: himself 1, tn his
“mama am ‘ sum of
Ra.&G,flOC:;’-_ mceaaiiy and
one month since the
said amount, he issued a
c11aq:.fi3:é”?.*3:<. Wixmkwaa preamztad for
to be dfihe-mured. memm the
P 4 legal notice. Ex P 5 ani 5 are fix
1 zaonmining the demand mtiae. The
% A nntice was dispatched on 13.9.1999. The
made by thtt pcsial dcparmant dhchsas
éfim the mpanam was not avuilabk in the addraua,
nctice was; delivered on 23.9.1999. Subeoquently letber of
25.9.1999 Ex. P 5 was unturned 11:: tm appelhnt with the
'f/Em
4-1' i.
COUR!’ OF KARNATAKA HIGH COIJARATOF KARNAKKA HGH COURTCI’ KAINATAKA HIGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HIGH COUR’
sea} af the postal autherfty. ‘I’herefo1-e it eauld be
the resporadent Omed absent durizg
3+.-mm mmrm his aboenoem mmOO2259.19§9 O
153.1999 was treated as extra O
DWI, the manager of the L.
the amine was sent In the cfii’ while
the rmpondem was» has not
aw!-1′?!’-‘rd inn: was unaware
ofthe have contained
the mm. «rm
intenm3:jaL!y manager and try to malas
nut a Ordjrmry Imus finm
an; 1999. In this behalf an adverse
be drawn against the respondent that he
j tr: amid am-vine of notice ramained
to» show mm: evidmce by way ofhia
SW 1. The rem-ponilent ought to lave
u _ dacumnm tr; show that the awxature in Ex. P
mt belong m hfixn and the cheque Ex. 1′ 2 issued by
him is me, rewards legal reoowrable: debt at otherwisa.
Cafimifiering the fact that thaugh the cheque: was in-used
COURT OF KARNAMKA HiGH KARNKFAKA HIGH COLRF OF KARNAVLKA HSGH COURT OF KARNATAKA HIGH COURT OF KARNATAKA HJGH COUR’
14
mrzgaficrtheclosumofflmaoeoumflmprovkifimgof
Secfizm 3.38 of the N .1. Act would be
respuxacmt warm has borrawed. the :
appeifiant who in none other ‘
fifths _ V v_ 2
” The cmnphinant it a
aim: the appenam pfimied that
he 25 a quesfion of
pmdumm gr efbooxm of gamma,
mm mmm the
trial Cam’ x.,
mgmng’ an the nfiance pun1a’hab1e
3.1. Act. However, the learned
has came to a wrong conclusion in
W. 1, wtafiy mm.»
11:» facts and cimumatanm at’ the
fine rasparndent was fully kzrawing unveil the: tin
was elowd, issued the chequse Ex. P 2 no the
T gmmntwah main me inmratim, rm-mam he is liable to
% ( be eemiczea unciwr Suction 133 of the H.I.Aot. Hence the
juxi az1é:3rderzn:da::-agxpgalpaszsfihyflzeluaaxned