Appeal against Acquittal

NI ACT Section 138 

Appeal against acquittal  

Dishonour of cheque 

Complainant issued a statutory notice upon accused demanding payment of cheque amount. 

When accused has not denied the relationship of lessor and lessee and also according to the lease agreement the accused was liable to pay a sum of 45,000/to the lessee who is the complainant. 

As on the date of presentation of the cheque, there was no legally enforceable debt to the extent of the amount shown in the cheque. 

Argument of the respondent that there existed no legally enforceable debt rightly accepted by below court.  

Appeal dismissed. 

[Paras 10, 12 and 13]

Sukanya W/O Hanumanthaiah vs Papaiah S/O Doddapapaiah 

CRL-A 123/11 24/09/20 

[ H.B.PRABHAKARA JJ ]

[ KARNATAKA HIGH COURT ]