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REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTON
...APPELLANT
:Versus:
VIJAYAKUMARI
...RESPONDENT
J U D G M E N T
Pinaki Chandra Ghose, J.
1.
Leave granted.
2.
This
appeal,
by
special
leave,
arises
from
the
of
No.263/2011
Karnataka
by
which
in
the
Criminal
High
Revision
Court
set
Petition
aside
the
Page1
respondent herein.
3.
Act,
1881
before
XII
Magistrate,
the
was
filed
by
the
Bangalore.
complainant
The
learned
payment
of
the
said
amount,
to
undergo
simple
4.
The
two
parties
had
business
relationship
Page2
whereunder
the
defendant
provided
movies
to
the
movie
Pokari.
The
said
loan
was
advanced
by
the
repay
the
loan
on
release
of
the
said
movie.
repeated
requests
made
by
the
complainant,
the
No.822408,
drawn
on
State
Bank
of
Mysore,
Bank,
Yeshwantpur
Branch,
Bangalore.
But
the
defendant.
The
notice
sent
at
the
residential
at
the
office
address
of
the
defendant
was
Page3
returned
with
delivered.
the
Even
report:
after
the
Absent
notice
was
Information
served,
the
5.
to
her,
she
never
visited
the
place
of
claimed
that
Vijayakumari
Films
had
differences
is
that
the
alleged
cheque
was
given
to
the
Page4
6.
to pay
a fine
of Rs.5,55,000/-,
in default
of
months.
The
first
appellate
Court
found
that
Page5
that
the
defendant
had
failed
to
rebut
that
that
Bangalore
on
she
the
and
her
alleged
husband
date
when
were
the
not
loan
in
was
7.
The
High
Court
found
that
the
cheque
was
the
argument
of
the
defendant
that
the
Page6
8.
(loan)
was
advanced
to
the
defendant
on
Page7
the
presumption
under
Section
139
of
the
This
Court
has
held
in
its
three
judge
bench
the
presumption
under
Section
139
would
Page8
operate.
Thus,
the
burden
was
on
the
accused
to
debt
or
liability.
To
this
effect,
the
to
security
the
to
complainant
complainant
a
loan;
did
the
not
long
back
loan
was
return
the
in
1999
repaid
as
but
security
the
cheque.
11. Further,
the
High
Court
relied
heavily
on
the
by
itself,
in
absence
of
any
other
evidence,
Page9
10
judgment
Presiding
dated
Officer,
22.01.2011,
Fast
Track
delivered
Court-I,
by
the
Bengaluru,
Magistrate,
Bengaluru,
convicting
the
Page10
11
fine
of
Rs.5,55,000/-,
in
default
to
suffer
Simple
J
(J. CHELAMESWAR)
J
(PINAKI CHANDRA GHOSE)
New Delhi;
April 28, 2015.
Page11