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2021 Supreme(Kar) 460

H. P. SANDESH
GOURI W/O G. RAJA – Appellant
Versus
DEVAN HOUSING FINANCE CORPORATION LTD. , (DHFL) REP. BY SHRI. SHIVARADDI S/O HANAMAARADDI BENTUR – Respondent


Advocates Appeared:
For The Appellant :SRI R.S.LAGALI, ADVOCATE
For The Respondent:SRI SHIVANAND V. PATTANSHETTI, ADVOCATE

ORDER :

This revision petition is filed challenging the judgment and order of conviction dated 10.12.2013 passed in Criminal Appeal No.29/2013 by the Principal Sessions Judge, Bijapur thereby confirming the judgment and order of conviction dated 16.04.2013 passed by the JMFC-I Court, Bijapur in Criminal Case No.431/2012 and prayed this Court to acquit the petitioner/accused.

2. The factual matrix of the case is that the complainant is the public limited company dealing in housing finance. The complainant-Company has filed a private complaint under section 200 of Cr.P.C., for the offence punishable under Section 138 of Negotiable Instruments Act (hereinafter for brevity referred as ‘the NI Act’) against the accused-petitioner herein alleging that the accused had availed the housing loan of Rs.1,70,000/-under LC No.B0001484 after executing loan agreement, demand promissory note and other documents in favour of the complainant agreeing to pay the said loan in equated monthly installments and the said loan was sanctioned on 05.08.2003. The accused did not pay the amount within the period and became defaulter. He was due for a sum of Rs.2,67,054/-and for the said amount, the accused had i

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