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2017 Supreme(Kar) 584

R.B.BUDIHAL
P. Manivannan, Ex. Commissioner, HDMC, Hubballi – Appellant
Versus
Mohammedkhan – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: V.G. Patil, N.S. Kini
For the Respondents: S.D. Kulkarni

JUDGMENT :

1. This petition is filed by the petitioners-accused under Section 482 of Cr.P.C. praying to set-aside the impugned order dated 07.07.2015 dismissing the Crl. Revision Petition No.113/2012 by the V Addl. District and Sessions Judge, Dharwad, sitting at Hubballi, in respect of the offence under Section 138 of Negotiable Instruments Act, and to allow the said Criminal Revision Petition No.113/2012.

2. Brief facts as pleaded by the petitioner in the petition are that respondent No.1 filed W.P.No.12112/2004 before this Court against the petitioner and others alleging that his lands have been encroached illegally; this Court disposed of the said writ petition directing petitioners herein to disburse an amount of Rs.12,93,450/- to the owners of the property alleged to have been illegally encroached upon, after ascertaining the same. A cheque dated 02/06/2006 bearing No.0730821 for Rs.12,93,450/- (Twelve Lakhs Ninety Three Thousand Four Hundred and Fifty Only) was drawn on the State Bank of Mysore in favour of the respondents herein in compliance of the final order passed in the writ petition. Petitioner learnt that lands of respondents not acquired and hence intimated their bank































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