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2012 Supreme(Kar) 590

A.S.PACHHAPURE
H. Bagya – Appellant
Versus
R. Savithramma – Respondent


Advocates appeared:
For the Appellant:S.G. Bhagavan, Advocate.
For the Respondent:H.J. Bhaskar Babu, H.P. Leeladhar Advocates.

Judgment

A.S. Pachhapure, J. :

1. The appellant in these appeals has challenged the judgment and order of acquittal of respondents for the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as ‘NI Act’ for short) on a trial held by Addl. Chief Metropolitan Magistrate, Bangalore City.

2. The facts relevant for the purpose of these appeals are as under:

The appellant is the complaint in CC Nos. 21644, 21645 and 21647 of 2006 filed before the Trial Court as against the respondents respectively. It is her claim that she advanced a loan of Rs. 1,00,000/- to the accused in CC No.21644/2006, Rs. 10,00,000/- to the accused in CC No.21645/2006 and Rs. 19,50,000/- to the accused in CC No.21647/2006 in the month of February, 2006 and towards the repayment of dues, the respondents (accused) in each of the cases said to have issued the cheques. The cheques were presented by the appellant in the Bank for encashment. The said cheques returned with an endorsement of “insufficient funds”. Hence, the appellant issued notices to respondents and as there was no compliance with the demand made, the complaints came to be filed against the accused to initiate action for t

















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