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2019 Supreme(Kar) 2006

B.A.PATIL
M. N. Krishnappa – Appellant
Versus
Hanumanthappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri. Chidananda S.
For the Respondent: Sri. K.M. Ravikumar.

ORDER :

1. This petition has been filed by the accused challenging the judgment and order passed by the P.O., & Additional Sessions Judge, F.T.C-III, Mayo Hall Unit, Bengaluru in Crl.A No. 25014/2014 dated 07.02.2015 where under the judgment and order of conviction and sentence passed by the XIV ACMM in C.C. No. 26398/2012 dated 13.12.2013 was confirmed.

2. The learned counsel for the petitioner-accused is absent. There is no representation. Since the matter is of the year 2015, this Criminal Revision Petition cannot be dismissed for default and as such, the matter is taken on merits.

3. I have heard the learned counsel for the respondent-complainant.

4. The case of the complainant before the Court below is that the complainant and accused were acquainted with each other. On 09.06.2011, the accused approached the complainant and borrowed a sum of Rs.2,50,000/- to improve the building work and he promised to repay the said amount along with interest within a period of three months. Towards discharging his liability, he issued a post-dated cheque bearing No. 914827 for a sum of Rs.2,50,000/-. As per the instructions of the accused, when the complainant presented the cheque for encashment

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