Suresh vs Saraswathi

Huluvadi G. Ramesh, J.—None represents the appellant. Appeal arises out of the acquittal order passed by the I Addl. JMFC., Bidar in CC 954/2006 on 22.1.2010.

A complaint is filed under S. 128 of the Negotiable Instruments Act alleging dishonour of the cheque issued by the accused to the complainant during 2005 September for Rs. 95,000/- drawn on Karnataka Bank Ltd., Bidar Branch. There was said to be an order of stop payment of the cheque for insufficient funds. After issuance of legal notice during December 2005, for non-payment, case came to be filed. However, accused denied the obligation and the contents of the complaint. Learned Magistrate, throwing the burden of proving the case on the complaint relying upon the case of Krishna Janardhan Bhat Vs. Dattatraya G. Hegde, , holding that the complainant failed to discharge the said burden, dismissed the complaint thereby acquitting the accused. Hence, this complaint.

Heard the counsel.

The ratio laid down in Krishna Janardhana Bhat''s case has subsequently been reiterated in the case of Rangappa Vs. Sri Mohan, that the initial burden is on the accused to rebut the presumption that the cheque was issued towards a legally enforceable debt under S. 139 of the Act.

In that view of the matter, impugned order is set aside. Matter is remitted to the JMFC, Bidar to reconsider the case, in view of the observation made above. Send back the records. Appeal is disposed of.