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2019 Supreme(Kar) 197

B.A.PATIL
C. Shekar – Appellant
Versus
K. Saraswathi – Respondent


Advocates Appeared:
Karn Singh, Adv., Gopal Singh, Adv., Vijay Kumar K, Adv.

JUDGMENT :

B.A. Patil, J.

The present revision petition has been filed by the petitioner-accused challenging the judgment dated 15.11.2014 passed by the Fast Track Court-IV, Bengaluru City in Criminal Appeal No.195/2013.

2. I have heard the learned counsel for the petitioner accused and the respondent-complainant.

3. The gist of the case of the complainant is that the petitioner-accused and the respondent-complainant are relatives. The petitioner-accused has approached the complainant for hand loan of Rs. 3 lakhs on 30.08.2008 and the same was handed over to the accused by the complainant. The accused promised to return the same within a period of two months but he did not repay and to discharge the said liability, he issued a cheque bearing No.478395 dated 30.10.2008 drawn on HDFC Bank, Malleshwaram Branch, Bengaluru. When the complainant presented the said cheque for encashment, it was dishonored with a shara "account closed" on 27.11.2008. A notice came to be issued to the accused as contemplated under Section 138 of Negotiable Instruments Act, 1881 ('the N.I. Act' for short) and the said notice was also returned as 'not claimed'. Thereafter, the complainant lodged a complaint under


















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