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2021 Supreme(Kar) 246

H.B.PRABHAKARA SASTRY
R. Rajappa S/o. Late Ramaiah – Appellant
Versus
K. Ashok Rai S/o. Sri. Vittal Rai – Respondent


Advocates Appeared:
For The Appellant :Sri. Kiran Kumar D.K., Advocate)
For The Respondent:Sri. K. Chadranath Ariga, Advocate)

ORDER :

The present petitioner as the accused was tried by the Court of the learned XIX Additional Chief Metropolitan Magistrate at Bangalore City (hereinafter for brevity referred to as the “Trial Court”), in C.C.No.26605/2014 for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as the “N.I. Act”) and was convicted for the said offence by its judgment of conviction and order on sentence dated 01-07-2016. Aggrieved by the same, the accused preferred a Criminal Appeal in the Court of the LIX Additional City Civil and Sessions Judge, Bangalore City (hereinafter for brevity referred to as the “Sessions Judge’s Court”) in Criminal Appeal No.786/2016.

The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge’s Court in its order dated 01-09-2017 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court dated 01-07-2016 in C.C.No.26605/2014.

Aggrieved by the said judgment, the accused has preferred this revision petition.

2. The summary of the case of the complainant in the Trial Court was that, the accused had entered into an

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