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2011 Supreme(Kar) 802

B.V.PINTO
Jayadevappa K. – Appellant
Versus
Dow Agro Sciences India (P) Ltd. – Respondent


Advocates:
Advocate Appeared:
Mr. B.M. Halaswamy, for the Petitioner, for the Appellant.
Mr. S. Prahalad and Rao Prasad & Co., For the Respondent.

ORDER

B.V. PINTO, J.—These four petitions arises out of the judgment, dated 9.1.2007, passed by the 14th ACMM, Bangalore in C.C. No. 26404/2002, wherein, the trial Court, convicted accused for the offence punishable under Section 138 of N.I. Act and sentenced to pay a fine of Rs. 85,25,000/- and in default, directed A2, A4 and A5 to suffer ST for 2 years and with a direction that the fine amount of Rs. 85,25,000/- shall be paid to the complainant Challenging the said order of conviction, A2 has filed Crl. A. No. 250 14/2007 and A5 has filed Crl. A. No. 250 18/2007 whereas A4 has filed Crl. A. No. 250 10/2007 before the Sessions Court, Bangalore, All these Criminal Appeals were heard by the 13th ACMM, Mayo Hall, Bangalore and by judgment dated 9.5.2008, the said appeals were dismissed. The complainant being aggrieved by the quantum of sentence has filed Crl. R.P. No. 558/2007 before this Court and since all the 4 matters pertain to the same judgment all the 4 appeals are taken up together for the purpose of disposal.

2. Parties are referred as per their ranking before the trial Court.

3. The complainant filed a private complaint under Section 138 of N.I. Act before the 14th ACMM, Banga



















































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