Supreme Court of India
Basalingappa v. Mudibasappa
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10 Supreme Court benches have cited this judgment.
What the Court ordered
We are of the view that when evidence was led before the Court to indicate that apart from loan of Rs.6 lakhs given to the accused, within 02 years, amount of Rs.18 lakhs have been given out by the complainant and his financial capacity being questioned, it was incumbent on the complainant to have explained his financial capacity.
Judgment, page 21
From the 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 27.02.201 2 for Rs.6,00,000/- but the same was returned by the bank with the endorsement ‘Funds Insufficient’ on 01.03.2012 – Compla int was filed – Trial court acquitted the accused for the offence u /s. 138 of the Act on basis that complainant failed to prove h is financial capacity – However, the High Court set aside the ju dgment of the trial court and convicted the accused for the offen ce u/s.138 – Accused questioned
Authorities it was built on
- 2010 Rangappa v. Sri Mohan
- 1973 Kali Ram v. State of Himachal Pradesh
- 2008 M/s. Kumar Exports v. M/s. Sharma Carpets
- 2008 Krishna Janardhan Bhat v. Dattatraya G. Hegde
- 2009 Gamini Bala Koteswara Rao & Ors. v. State of Ap. Thr. Secretary
- 2006 M.S. Narayanan Menon @ Mani v. State of Kerala and Anr.
- 2018 Kishan Rao v. Shankargouda
- 1999 Bharat Barrel and Drum Manufacturing Co. v. Amin Chand Peyarelal
Where later benches applied it
- 2022 Tedhi Singh v. Narayan Dass Mahant
- 2024 M/s Rajco Steel Enterprises v. Kavita Saraff and Another
- 2023 Rajesh Jain v. Ajay Singh
- 2023 Rajaram S/o Sriramulu Naidu (since Deceased) through L.rs. v. Maruthachalam (since Deceased) through L.rs
- 2021 Achhar Singh v. State of Himachal Pradesh
- 2021 M/s. Kalamani Tex & Anr v. P. Balasubramanian
- 2024 M/s S.S. Production and Anr. P1: M/s S. S. Production P2: Tr. S. Subbiah v. Tr. Pavithran Prasanth
- 2021 K.S. Ranganatha v. Vittal Shetty
- 2020 Aps Forex Services Pvt. Ltd. v. Shakti International Fashion Linkers & Ors.
- 2021 Triyambak S. Hegde v. Sripad
Of those, 1 relied on · 1 distinguished · 5 referred to · 3 mentioned
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