Borrower cannot escape from prosecution and criminal liability for the dishonour of cheque


Last updated: 20 January 2023

Court :
Karnataka High Court

Brief :
The Hon'ble Karnataka High Court in Sri Karibasappa v. Sri Mallikarjun [Criminal Appeal No. 200106/2020, dated December 16, 2022] set aside the acquittal order passed by the Trial Court and sentenced the accused to pay a fine of INR 2,00,000/- or to undergo imprisonment of 3 months. Further,prescribeda list of grounds that wouldn't exempt the borrower to escape from the prosecution and criminal liability for the dishonour of cheque under Section 138 of the Negotiable Instruments Act, 1881 ("the NI Act").

Citation :
Criminal Appeal No. 200106/2020, dated December 16, 2022

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