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2016 Supreme(Kar) 338

K.N.PHANEENDRA
NASREEN PASHA – Appellant
Versus
MALIK AHMED – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: SRI KESHAVA MURTHY, C.N., ADV.
For the Respondent: SRI G.B. NANDISH GOWDA, ADV. FOR SRI R.B. SADASIVAPPA, ADV.

ORDER :

The Revision Petitioner has preferred this Revision Petition seeking to set aside the judgment passed by the JMFC, Gubbi, in CC No.439/2008 dated 25.8.2012, which is affirmed in Criminal Appeal No.124/2012 dated 20.11.2015 passed by the VI Addl. Dist. & Sessions Judge, Tumkur, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and imposed sentence of Simple imprisonment for six months and also fine of Rs.1,60,000/- with a default clause to undergo Simple imprisonment for a period of one month and also awarding an amount of Rs.1,50,000/-as compensation payable to the complainant out of the fine amount.

2. The petitioner being the accused has taken up the ground that, the trial Court as well as the first appellate court have not taken into consideration the evidence led by the parties in their proper perspective. The trial Court has committed serious error in not appreciating the evidence and failed to hold that the complainant has failed to prove the ingredients of Section 138 of the Negotiable Instruments Act, 1881. It is contended that the accused throughout has denied the non-service of notice as required to be served u/s.138 of the Negoti



































































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