TMI Blog2010 (7) TMI 1200X X X X Extracts X X X X X X X X Extracts X X X X ..... e. For the Respondents : Sri. B.K. Malligawad, Advocate, for R1, Sri. Dilip Kumar, HCGP, for R2. COMMON JUDGMENT These 3 appeals arise out of a common order passed by the learned District and Sessions Judge, Gadag, in Crl. A. No. 11/07, 12/07 and 13/07. Reversing the judgment of conviction and sentence passed by the trial court and thereby acquitted the respondent/accused in all th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter, convicted the respondent-accused for the offence under Section 138 of Negotiable Instruments Act and sentenced for two years R.1. and ordered to pay the amount of ₹ 1,02,000/-, in default to undergo simple imprisonment for six months in each of the cases. As against the said order the appeals filed by the accused have been allowed and the accused were acquitted on the ground that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omplainant. It is for the accused to prove the burden OF disproving the presumption. In so far as service of notice is concerned, notice is said to have been sent to the address of the respondent at his Mill. The learned Sessions Judge opining that the demand notices ought to have been sent to the original address where the accused was residing and further that the complainant has not proved that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on it and 6 months for post-dated cheque starts from the date written on the cheque. In the case on hand, the contention of the respondent is, PW.2 who was clerk working in the respondent-Mill and he had ill-will with the accused-respondent and had stolen cheques from his Mill and handed over the same to the appellant-complainant who has misused the said cheques though there is no legally enforcea ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant against the respondent wherein decree in favour of the complainant was passed directing the respondent to make payment. In the circumstances, the contention raised by the respondent that there is no legally recoverable debt cannot be accepted. 7. In this view of the matter, the order passed by the trial Court is upheld while setting aside the order passed by the appellate Court. However, th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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