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1985 Supreme(Kar) 15

M.RAMAKRISHNA RAO, M.S.PATIL
L. S. JAYAPPA – Appellant
Versus
N. S. SHAMEGOWDA – Respondent


Advocates:
Kadidal Manjappa, RAVIVARMA KURNAR

PATIL, J.

( 1 ) THESE two appeals by special leave are directed against the judgment and order of acquittal dated 22. 8. 1983 passed by the additional J. M. F. C. . Tarikere, in C. C. No. 666 and 667 of 1982, respectively, whereby the Magistrate has acquitted the accused of the charge of the offence punishable under sec. 500 I PC.

( 2 ) THE appellant L. S. Jayappa being a resident of Lakkavalli in Tarikere Taluk of chikmagalur District is a licensed money lender. Accused N. S. Shamegowda and jayashankar are father and son and residents of Kenchikoppa village. In the year 1978, Jayappa had advanced a sum of Rs. 2,000/- as loan to Shamegowda. When he failed to repay the amount borrowed, jayappa brought Small Cause Suit No. 61/81 against him and obtained a decree and filed execution petition No. 12/81 and got arrested Shamegowda. But, on his undertaking to pay the amount on the next day, he was released. Thereafter, on 10-8-82, at about 12 noon, when Jayappa was standing on the pial outside his house, the accused, father and son, went upto ,his house and abused him saying "soole MAGANE courtininda N IN AGE KODABEKADA hanavannu WARRANT TARISI VASOLI madiddiya BOLI MAGANE NINNA thayina










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