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2021 Supreme(Kar) 49

H. P. SANDESH
G. L. Jagadish S/o Sri. G. N. Lingappa – Appellant
Versus
Vasantha Kokila W/o Late N. R. Somashekhar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. H. Ramachandra, Sri. H.R. Anantha Krishna Murthy.
For the Respondent: Sri. K.R. Lakshminarayana Rao.

JUDGMENT :

H.P. SANDESH, J.

1. This appeal is filed praying this Court to set aside the judgment of acquittal dated 06.07.2010 passed in Crl. Appeal No. 470/2009, on the file of the Presiding Officer, Fast Track Court-II, Bangalore and to confirm the order dated 27.05.2009 passed in C.C. No. 17229/2004, on the file of the XXII ACMM and XXIV ASCJ, Bangalore, for the offence punishable under Section 138 of the Negotiable Instruments Act (‘NI Act’ for short).

2. The factual matrix of the case is that the complainant/appellant herein had filed a private complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of the NI Act alleging that the accused/respondent had availed hand loan of Rs. 5,00,000/- and in turn, on demand gave the subject matter of the cheque and when the same was presented, it was dishonoured for want of sufficient funds. Hence, the complaint was filed. The complainant and the accused have led their evidence before the Trial Court and the Trial Court after considering the material on record, convicted the accused for the offence punishable under Section 138 of the NI Act and sentenced her to pay Rs. 6,00,000/-. Being aggrieved by the same, the a

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