THE COMMISSIONER OF INCOME-TAX LTU vs. M/S. KARNATAKA POWER TRANSMISSION CORPORATION LTD
What did the High Court hold?
The High Court held that the concurrent findings of the lower courts were not perverse and did not suffer from any illegality. The court found sufficient material to substantiate the conclusions drawn by the trial and appellate courts.
What were the facts?
The complainant alleged that the accused borrowed Rs. 1,20,000/- and issued a post-dated cheque which was dishonored due to insufficient funds. Despite a demand notice, the accused failed to repay the amount.
What were the issues?
Whether the demand notice was properly served on the accused and whether the complainant had produced sufficient evidence to prove the legally enforceable debt.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- AMIT KAPOOR v. RAMESH CHANDER AND ANOTHER9 citing9 SCC 460 · 2012
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL REVISION PETITION NO. 623 OF 2018 BETWEEN: N KUMAR S/O NARAPPA AGED ABOUT 67 YEARS, C/O BALAPPA DOOR NO 868/11-12 MUDDALLI THOTA BEHIND POLICE QUARTERS P J EXTENSION, DAVANGERE - 577 002. …PETITIONER [BY SMT. SHARVARI S. BHATT, ADVOCATE FOR SRI SREE HARSHA A K., ADVOCATE (PH)] AND: K S RAVINDRANATH S/O K M SANNABASAPPA, AGED ABOUT 52 YEARS AGRICULTURIST R/O D NO 2135/1, 4TH CROSS, NEAR PURANTA HOSPITAL, MCC A BLOCK, DAVANGERE - 577002 …RESPONDENT [BY SRI M. VINAYA KEERTHI, ADVOCATE) (VC)]
THIS CRL.RP IS FILED U/S.397 R/W 401 CR.P.C., PRAYING TO SET ASIDE IMPUGNED JUDGMENT OF CONVICTION AND SENTENCES PASSED BY THE III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DAVANAGERE IN C.C.NO.1526/2009 (OLD NO.1466/2006) DATED 09.01.2014 AND JUDGMENT IN CRL.A.NO.15/2014 PASSED BY THE I ADDITIONAL DISTRICT AND SESSIONS JUDGE, DAVANAGERE DATED 17.04.2018 BY ALLOWING THIS REVISION PETITION.
THIS PETITION IS COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI
Digitally signed by ANUSHA V Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
ORAL ORDER
Challenging judgment dated 17.04.2018 passed by I Additional District and Sessions Judge, Davanagere, in Crl.A.no.15/2014 confirming judgment of conviction and sentence dated 09.01.2014 passed by III Additional Senior Civil Judge and JMFC, Davanagere in C.C.no.1526/2009 (old no.1466/2006), this revision petition is filed.
Ms.Sharvari S. Bhatt, learned counsel appearing for Sree Harsha A.K., advocate for petitioner submitted, petition is by accused challenging concurrent findings convicting him for offence punishable under Section 138 of Negotiable Instruments Act, 1881 ('NI Act' for short). It was submitted, respondent (complainant) had filed complaint under Section 200 of Code of Criminal Procedure, 1973 ('CrPC' for short) alleging that accused was well known to complainant and borrowed Rs.1,20,000/- as hand loan promising to repay within 3 months and on demand, accused issued post dated cheque bearing no.092070 dated 15.11.2005 for Rs.1,20,000/- drawn on Davanagere-Harihar Urban Co-operative Bank, Davanagere, which when presented on 21.01.2006, returned with endorsement 'insufficient funds' and thereafter even when
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
complainant got issued demand notice dated 31.01.2006 by RPAD, same returned as 'unclaimed', while copy sent under certificate of posting was served on 18.02.2006. It was further alleged that despite same, accused had failed to repay amount within time and thereby committed offence punishable under Section 138 of NI Act.
It was submitted, on appearance, accused denied charges and sought trial, whereupon complainant examined himself and another as PWs.1 and PW.2 and got marked Exhibits P1 to P10.
Thereafter accused was appraised of incriminating material which he denied and his statement under Section 313 of CrPC was recorded. In rebuttal, accused examined himself and two others as DWs.1 to 3 and got marked Exhibits D1 to D14.
On consideration, trial Court convicted accused for offence punishable under Section 138 of NI Act and sentenced him to pay Rs.1,85,000/- to complainant and in default to undergo simple imprisonment for five months apart from fine of Rs.8,000/- and in default, to undergo simple imprisonment for
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
three months. Aggrieved accused, preferred appeal in Crl.A.no.15/2014. But without proper re-appreciation appeal was dismissed. Hence, this revision petition.
It was submitted, both impugned judgments were contrary to law and material on record. It was submitted, they failed to appreciate omissions and contradictions and conclusions were based on presumptions and surmises. It was submitted, accused had denied/disputed relationship of creditor and debtor and issuance of cheque towards legally enforceable debt. Even when complainant failed to produce any material for having lent money to accused, order of conviction would be without basis.
It was further submitted, complaint was defective as it was not preceded with service of demand notice on accused. It was submitted, accused had specifically contended that he was not residing at address mentioned in Ex.P6 - notice and had reiterated same in his deposition. Thus, both Courts erred in drawing presumption about service of notice. On above grounds, sought for allowing revision.
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
On other hand, Sri M Vinaya Keerthy, learned counsel for respondent opposed petition. It was submitted, both Courts on examination of material on record had arrived at well reasoned conclusion resulting in conviction of accused, which did not call for interference.
Heard learned counsel, perused impugned judgment and record.
From above, it is seen that this revision petition is by accused against concurrent findings convicting him for offence punishable under Section 138 of NI Act. Hon'ble Supreme Court in case of Amit Kapoor v. Ramesh Chander & Anr., reported in (2012) 9 SCC 460, has held scope for interference against concurrent findings would be normally confined to examining whether findings suffer from perversity or are contrary to provisions of law.
Insofar as contention urged about non-service of demand notice prior to filing of complaint, it is seen that complainant produced demand notice, acknowledgments for having sent by RPAD and certificate of posting as Exs.P5 to P7.
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
Address mentioned therein is 'Sri N Kumar, Upstairs, Javali Ramappa Compound, Muddalli Thota, Behind Police Quarters, Davanagere'. It is seen, accused is served with summons at same address in complaint. Even address mentioned in appeal is 'C/o Balappa, Door no.868/11-12, Muddalli Thota, Behind Police Quarters, PJ Extension, Davanagere', which appears substantially to be within same locality. Fact that it is not returned with shara 'addressee left' or 'addressee not known' would justify presumption drawn by trial Court.
Insofar as contention about failure of complainant to produce any material to substantiate transactions, with accused, perusal of cross-examination of complainant on this aspect reveals, complainant has stated that he has landed properties yielding income and money was lent in presence of common acquaintance, who is also examined as PW.2. Deposition of PW.2 would support complainant. Merely on ground of admission elicited that complainant was not paying Income Tax, Sales Tax, etc. and not produced records to substantiate income from agriculture etc. would not be sufficient to upset presumption in favour of holder of cheque. It is also seen that PW.1 stated that he was earning Rs.60,000/-
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HC-KAR NC: 2025:KHC:46421 CRL.RP No. 623 of 2018
to 70,000/- p.a., from land and Rs.2,000/- per month from rented premises. While passing impugned judgment, trial Court noted that except suggestions, nothing material was elicited in cross-examination of complainant and his witness.
Interestingly, one of grounds on which complaint was opposed before trial Court was Insolvency Petition filed by accused against his creditors including complainant herein. However, issuance of cheque in reference herein was not specifically pleaded therein. Filing of said petition itself, would corroborate complainant's case. Thus, there is sufficient material to substantiate conclusions drawn by trial Court and appellate Court.
For aforesaid reasons and as petitioner has failed to substantiate that findings of both Courts suffer from perversity, I do not see any good grounds to interfere.
Revision Petition is dismissed.
Sd/- (RAVI V HOSMANI) JUDGE
AV List No.: 1 Sl No.: 59
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