TaxTMI 
TaxTMI 
2017 (9) TMI 1918
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.... appeal arises out of the judgment and order dated 5.8.2005 pronounced by the High Court of Karnataka in Criminal Appeal No. 774 of 2000 that was filed by the respondent challenging the acquittal of the appellant by the Trial Court vide judgement dated 31.5.2000/1.6.2000 passed in complaint case that was lodged by the respondent under Section 138 of the Negotiable Instruments Act, 1881 (hereinafte....
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.... the fact that issuance or receipt of such a notice was specifically denied by the appellant. Not only this, even though some other documents were filed by the respondent along with complaint, no effort was made to prove any of those documents. On that basis, the Trial Court held that the appellant was not able to establish the ingredients of offence under Section 138 of the Act. The High Court h....
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....h Court has allowed the appeal thereby setting aside the acquittal order passed by the Trial Court and remanded the matter back to the Trial Court with the direction to permit the respondent to adduce further evidence giving full opportunity to the accused in accordance with law and decide the matter afresh. We are unable to agree with this approach of the High Court, in the facts of this case, w....
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.... clearly amount to giving an opportunity to the respondent to fill up the lacuna. The learned counsel for the respondent has submitted that in order to advance the cause of justice, such an approach is permissible and for this purpose he has relied upon the judgment of this Court in Zahira Habibullah Sheikh & Anr. vs State Of Gujarat & Ors. [(2004) 4 SCC 158]. We are afraid that the ratio of the ....