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2020 Supreme(SC) 434

UDAY UMESH LALIT, VINEET SARAN
K. Jagadish – Appellant
Versus
Udaya Kumar G. S. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mr. Jawahar Raja, Mr. Pukhrambam Ramesh Kumar, Mr. Archit Krishna, Mr. Karun Sharma.
For the Respondents: Mr. E.C. Vidya Sagar, Mr. H.V. Uday Kumar, Mr. V.N. Raghupathy.

JUDGMENT :

UDAY UMESH LALIT, J.

1. Leave granted.

2. This appeal challenges the final judgment and order dated 04.10.2016 passed by the High Court of Karnataka at Bengaluru in Criminal Petition No. 6279 of 2016.

3. The appellant initiated criminal proceedings by filing a complaint submitting inter-alia:

    (a) That he was abducted on 08.07.2016 and was kept in confinement for the next four days and directly presented before the Sub-Registrar’s office on 11.07.2016 and was made to sign on a Sale-Deed purporting to convey title in respect of land bearing Old Sy. No. 47, New Sy No. 47/2, situated at Kampapura Village, Hessaraghatta Hobli, Bangalore North Taluk, measuring 39.08 guntas.

    (b) At the time of execution of the document, no consideration was paid but three post-dated cheques aggregating to Rs. 49.38 lakhs were handed over to the appellant and he was threatened that he must encash the cheques.

    (c) Under such threat and coercion and since he was under surveillance, he deposited the first cheque amounting to Rs. 15 lakhs on 12.07.2016 which was accordingly encashed and credited to his account.

4. The first of the other two cheques was due on 15.07.2016 which the appellant never deposited


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