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2013 Supreme(Kar) 169

K.Sreedhar Rao
Shobhavathi – Appellant
Versus
Krishnoji Rao – Respondent


Advocates appeared:
Sri K.V. Narasimhan, for Petitioner;
Sri S. Subhash for M/s. Kumar and Kumar, for Respondent.

ORDER

K. Sreedhar Rao, J.

The petitioner/accused had issued a cheque for a sum of Rs.50,000/- in favour of the complainant, who is none other her brother-in-law. The cheque was dishonoured. A complaint is filed U/s. 138 of N.I. Act. It is the contention of the complainant that for business purpose loan was borrowed and towards repayment of loan, cheque was issued. The defence contention is to the effect that sister of the accused is the third wife of the complainant. He was pestering his third wife to get money. In that connection, a cheque was issued. In other words, it is the contention that cheque is not supported by any consideration and cheque was issued to prevent cruelty and harassment perpetrated on his third wife. The Trial Court has held the accused guilty of committing offence U/s.138 of N.I. Act. The Appellate Court confirmed the conviction and modified the sentence reducing S.I. for a period of one month and compensation of Rs.1.00 lakh and directed to pay the same to the respondent. The accused has filed this revision.

2. Sri. K.V. Narasimhan, learned Counsel appearing on behalf of the petitioner submits the following contentions to assail the order of conviction:

(i) The



















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