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2020 Supreme(Kar) 1961

K.S.MUDAGAL
M. V. Nagarathna w/o Vishwanatha A. K. – Appellant
Versus
Basavaraj A. R. s/o Rangappa – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.R.V.Shivananda Reddy, Adv. For Sri Nanjunda Gowda M.R., Adv.
For the Respondent: Sri. Jagadish Goud Patil, Adv.

ORDER :

1. This revision petition is preferred against the order of conviction and sentence passed by the J.M.F.C-III Court, Davanagere in C.C.No.967/2014 against the petitioner and confirmed by the Additional District and Sessions Judge, Davanagere in Crl.A.No.35/2015.

2. By the impugned order, the trial Court convicted the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced her to pay fine of Rs.2,50,000/-, in default to pay the fine amount, to serve the sentence of simple imprisonment of one year. Out of the fine amount, Rs.2,45,000/-was ordered to be paid to the complainant as compensation and Rs.5,000/-was ordered to be remitted to the State.

3. Petitioner was the accused and the respondent was the complainant before the trial Court. For the purpose of convenience, the parties will be referred to henceforth with their ranks before the trial Court.

4. Complainant presented the cheque -Ex.P1 dated 15.05.2006 drawn on Syndicate Bank, Chickmagaluru Branch for Rs.2,25,000/-through his account in Bank of Baroda, Davanagere Branch. The said cheque was dishonoured as per the memo-Ex.P2 dated 03.08.2006 with the endorsement “funds insuffi

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