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2019 Supreme(Kar) 342

H.P.SANDESH
Gopal Krishna – Appellant
Versus
Abdul Bakai – Respondent


Advocates Appeared:
J. Basavaraj, Adv., Gode Nagaraj, Adv.

JUDGMENT :

H.P. Sandesh, J.

The revision petitioner who is accused herein has filed this revision petition under Section 397 r/w 401 of Cr.P.C., praying this Court to set aside the judgment of conviction and sentence passed by the learned Addl. Sessions Judge, Bellary in Criminal Appeal No.126/2009 dated 15.03.2011 and the judgment of conviction and sentence passed by the learned Civil Judge (Jr.Dn) and JMFC, Sandur in C.C.No.1173/2007, and set the petitioner at liberty.

2. The brief facts of the case are that, the complainant who filed the complaint before the Civil Judge (Jr.Dn) & JMFC, Sandur under Section 200 of Cr.P.C., against the accused for the offence punishable under Section 138 of N.I.Act. It is contended by the complainant that the accused has borrowed the hand loan of Rs.2,00,000/- from the complainant for the purpose of doing lorry transport business and issued cheque in favour of the complainant. The said cheque was presented through Vysya Bank, Hospet for collection on 14.06.2007 and the same was dishonored for want of sufficient funds. Thereafter, the complainant has issued the legal notice and the same was served on him and he has not given any reply to the notice an






































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