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2021 Supreme(Kar) 254

K.S.MUDAGAL
MOODALAGIRIYAPPA K. L. S/O LATE THIMMAIAH – Appellant
Versus
SREE GOKULAM CHIT & FINANCE CO. (P) LTD. – Respondent


Advocates Appeared:
For the Appellant : SRI. M. VEERABHADRAIAH, ADV.
For the Respondent: SRI. SHIVAPRASAD E., ADV.

ORDER :

1. Petitioner in Crl.P.No.6163/2017 is the husband of petitioner in Crl.P.No.6164/2017. Petitioner in Crl.No.6165/2017 is the daughter of the petitioners in Crl.P.Nos.6163/2017 and 6164/2017.

2. The particulars of the criminal cases out of which these petitions arise are set out in the table below.

3. The petitioners are being prosecuted in the aforesaid criminal cases for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘the N.I. Act’) on the basis of the complaints filed by the respondent against them.

4. The respondent is said to be registered company engaged in business of conducting chit transactions. The case of the respondent is as follows:

Crl.P.No.

C.C.No.

Court

1) 6163/2017 (Moodalagiriyappa)

11702/2017

XXVII ACMM Bengaluru,

2) 6164/2017 (Jayamma)

11701/2017

3) 6165/2017 (Leela)

11699/2017

The petitioners in Crl.P.Nos.6163/2017 and 6164/2017 were the chit subscribers and they received price amount of Rs.37,50,000/-each. The petitioner in Crl.P.No.6165/2017 was the surety for her parents

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