Supreme Court · 2019 INSC 500 · Decided 9 April 2019

Basalingappa v. Mudibasappa

Court
Supreme Court of India
Citation
2019 INSC 500 · [2019] 6 S.C.R. 555
Case number
CRIMINAL APPEAL No. 636/2019
Decided
9 April 2019
Bench
ASHOK BHUSHAN, K.M. JOSEPH (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
NI Act Section 118(a), 138, 139

Headnote

Negotiable Instruments Act, 1981 - ss.118(a), 138 and 139 - Complainant case was that he gave a hand loan of Rs.6,00,000/- to the accused - Accused gave a cheque dated 27.02.2012 for Rs.6,00,000/- but the same was returned by the bank with the endorsement 'Funds Complaint was filed - Trial court acquitted the accused for the offence u/s. 138 of the Act on basis that complainant failed to prove his financial capacity - However, the High Court set aside the judgment of the trial court and convicted the accused for the offence u/s.138 -

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