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2008 Supreme(SC) 1688

S.B.SINHA, CYRIAC JOSEPH
P. Venogopal – Appellant
Versus
Madan P. Sarathi – Respondent


Advocates appeared:
For the Appellant :R.S. Hegde and P.P. Singh, Advocates.
For the Respondent:K. Maruthi Rao and Mrs. Anjani Aiyagari, Advocates.

ORDER

1. Leave granted.

2. Appellant is before us aggrieved by and dissatisfied with the judgment and order dated 21.8.2006 passed by the learned Single Judge of the High court of Karnataka at Bangalore in Criminal Revision No. 1020/2006, whereby and whereunder the revision application filed by him from judgment dated 14.10.2006 passed by the Vith Fast Track Court at Bangalore in Criminal Appeal No. 4050/2005 affirming the judgment and order dated 22.10.2005 passed by the XVIth Additional Chief Metropolitan Magistrate, Bangalore in CC No. 3400/2002, was dismissed.

3. Respondent allegedly gave a hand loan of Rs. 1,20,000/- to the appellant on 4.10.2000. In discharge of the said debt the appellant is said to have issued two cheques for Rs. 60,000/- each on 26.4.2001 and 5.4.2001. The said cheques were presented before the bank on July 10, 2001 and were returned dishonoured on the ground that sufficient fund therefore was not available.

4. Upon service of notice upon the respondent, a criminal complaint was filed. By an order dated 20th November, 2002 cognizance of the offence under Section 138 of the Negotiable Instruments Act, 1881, was taken by the learned Magistrate.

5. Before the lear




































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