Bytarayagowda vs Gopinath N — 1543/2021

Judgment

Case Summary: C.C. No. 1543/2021 Decision: The court found the accused (N. Gopinath) guilty under Section 138 of the Negotiable Instruments Act and sentenced him to pay Rs. 1,50,000 as fine, with six months simple imprisonment in default. The entire fine amount shall be paid to the complainant as compensation. Key Facts: The complainant lent Rs. 1,50,000 to the accused, who issued a cheque (No. 023329 dated 24.07.2017) for repayment. The cheque was dishonored for insufficient funds. Despite a legal notice, the accused failed to pay, leading to this criminal complaint. Reasoning: The court held that the accused's admission of the cheque's issuance and his signature triggered statutory presumptions under Sections 118 and 139 of the N.I. Act. The accused failed to produce credible evidence to rebut the presumption that the cheque was issued to discharge a legally enforceable debt. His defense documents (vouchers) lacked proper authentication and witness signatures, while he contradicted himself regarding the loan amount and repayment details. This case analysis is maintained by casestatus.in based on publicly available court records.

Disposed

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Judgement.

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Judgement.

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Arguments

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Arguments

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Deposition

Arguments

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Deposition

Evidence

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Defence Evidence

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Defence Evidence

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Defence Evidence

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Accussed Statement u/s 313 CrPC

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Evidence

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Evidence

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Evidence

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Evidence

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Arguments

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Charge

Accussed Statement u/s 313 CrPC

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Framing Of Charge Or Plea

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Framing Of Charge Or Plea

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N B W to Accused

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N B W to Accused

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N B W to Accused

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N B W to Accused

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N B W to Accused

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Summons To Accused

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Await Reports

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Await Reports

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Summons

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Await Reports

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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Summons To Accused

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First hearing

Initial hearing scheduled

Case filed

Registration No. 1543/2021