Borrower cannot escape from prosecution & criminal liability for dishonour of cheque

Sri Karibasappa Vs Sri Mallikarjun (Karnataka High Court) 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, prescribed a 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”). Facts: Sri Karibasappa...