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2020 Supreme(Kar) 1089

B.A.PATIL
Vijayalakshmi – Appellant
Versus
Proprietor Of Ballari Agri – Respondent


Advocates Appeared:
Sathish M S, Advocate, B.C. Jnanayyaswamy, Advocate

JUDGMENT

B A Patil, J. - This appeal has been preferred by the complainant challenging the judgment passed by the learned II Addl. Civil Judge & JMFC, Ballari in C.C. No. 99/2017 dated 14.08.2018 whereunder the complaint filed u/s 138 of the Negotiable Instruments Act (for short 'N.I. Act') was dismissed by acquitting the accused.

2. I have heard the learned counsel for the appellant and perused the records. Learned counsel for the respondent is absent and there is no representation.

3. The brief facts of the case of the complainant are that, she filed a complaint u/s 200 of Cr.P.C. contending that the accused is the proprietor and Manager of Ballari Agro Gold Projects Pvt. Ltd., (for short 'firm). In pursuance of the advise of the accused, the complainant became member of the said firm and invested an amount of Rs.3,50,000/- on various dates. Subsequently, the accused deposited an amount of Rs.52,000/- on various dates towards benefits and interest to the complainant. Thereafter, he did not pay any amount towards investment made by the complainant. Subsequently, the complainant demanded the accused to pay back the invested amount for which the accused issued a cheque bearing No. 08

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