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2009 Supreme(Kar) 431

A.S.PACHHAPURE
T. Krishna – Appellant
Versus
Branch Manager, Bangalore City Corporative Bank Ltd. Bangalore – Respondent


Advocates Appeared:
For the Petitioner:Kamaleshwara Poojary, Swarnakamal Assts, Advocates.
For the Respondents:R1, B.C Seetharama Rao, Advocate.

JUDGMENT :-

(This Crl.RP filed U/S.397 Cr.P.C by the advocate for the petitioner praying that this Hon’ble Court may be pleased to set aside the order dt. 4.3.2008 passed by the Iv Addl.CMM., Bangalore in C.C.No. 21298/2005.)

1. The petitioner has challenged the order discharging the respondent Nos.1 and 3 in respect of the charge for offences Punishable Under Sections 204, 409, 418 and 420 IPC by invoking the provisions of Section 239 Cr.P.C.

2. Sans unnecessary details the facts relevant for the purpose of this revision are as under: The third respondent issued a cheque in favour of the petitioner for an amount of Rs.3,40,000 /- on 02.07.2004 and on Presentation of the said cheque to the second respondent bank for encashment through the first respondent bank, the cheque was returned with an endorsement of insufficient funds and also on the ground that the cheque was staled. It is thereafter that the petitioner alleging that the cheque has been destroyed by the bank authorities filed the complaint before the Magistrate requesting to take action against the respondents for the aforesaid offences.

3. The learned Magistrate took cognizance of the offence as against respondent Nos.1 an











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