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Sign up now !Kishan Rao vs Shankargouda
(2018) 8 SCC 165; (2018) SCC Online SC651
Coram: Hon’ble Justice Ashok Bhusan and Hon’ble Justice A.K. Sikri
Forum: Hon’ble Supreme Court of India
Case No.: Criminal Appeal No.803 OF 2018
Date of Decision: 2 July, 2018
Conclusion
Facts and Background:
- Kishan Rao (Appellant) was the complainant who extended a loan of Rs. 2,00,000 to the Respondent for business purposes.
- Respondent Shankargouda was the accused who approached the Appellant seeking a loan and issued a post-dated cheque in favour of the Appellant as repayment for the said loan.
- The cause of action arose when the cheque issued by the Respondent for Rs. 2,00,000 was dishonoured due to insufficient funds upon presentation. At the Respondent's request, the appellant represented the cheque, but again, it was returned due to an insufficient balance.
- The Appellant filed a complaint under Section 138 of the Negotiable Instruments Act, 1881.
- The Magistrate’s Court initially adjudicated the matter where the court drew presumption under Section 139 of the Negotiable Instrument Act, 1881, which convicted the Respondent and sentenced him to pay a fine of Rs. 2,50,000 and 6 months of simple imprisonment.
- Aggrieved by the Trial court's decision, the respondent approached the appellate court and subsequently upheld the conviction.
- The Respondent, aggrieved by the conviction, filed a Criminal Revision Petition before the High Court. The court allowed the revision and set aside the conviction, holding that doubt had been successfully raised regarding the existence of debt or liability.
- The Appellant has filed the appeal before this Court to challenge the High Court's decision.
Main issue:
Whether the High Court, while exercising its revisional jurisdiction was, justified in setting aside the judgment of the Appellate Court?
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