SURESH Vs. SARASWATHI

JUDGEMENT

(1.) 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.

(2.) 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 AIR 2008 SC 1325 , holding that the complainant failed to discharge the said burden, dismissed the complaint thereby acquitting the accused. Hence, this complaint.

(3.) THE ratio laid down in Krishna Janardhana Bhat's case has subsequently been reiterated in the case of AIR 2010 SC 1898 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.