H.K. MANJUNTHGOWDA Vs. MAHADEV K.N.

JUDGEMENT

(1.) Heard Sri Mallangoud, learned counsel appearing for the appellant.

(2.) This appeal is directed against judgment of acquittal passed by the XXII Additional Chief Metropolitan Magistrate, Bangalore dated 20.04.2017 in C.C. No. 16338/2016 along with interlocutory applications filed under section 378(4) of Code of Criminal Procedure, 1973 for special leave to file the appeal which has been allowed by order of even date.

(3.) The appellant/complainant before the trial court has challenged the judgment of acquittal contending inter-alia that a presumption arises under section 139 of Negotiable Instruments Act, 1881 in favour of complainant and rebuttable presumption as indicated under Section 139 of the Act is not proved by respondent-accused before trial court by tendering the evidence in rebuttal, as such, the trial court was not justified in acquitting the respondent-accused for offences punishable under section 138 of Negotiable Instruments Act, 1881.