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2020 Supreme(Kar) 2385

H.P.SANDESH
Bethal Products (India) – Appellant
Versus
Jayakumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Prabhugoud B. Tumbigi, Advocate for M.T. Nanaiah Associates
For the Respondents: D. Nagaraja Reddy, Adv

JUDGMENT :

H.P. Sandesh, J.

1. Heard learned counsel for the appellant and learned counsel for the respondent.

2. This appeal is filed challenging the judgment of acquittal passed in Crl.A. No. 657/2009 dated 06.07.2010 on the file of the Fast Track Court-III, Presiding Officer and Additional Sessions Judge, Mayo Hall unit, Bengaluru.

3. The parties are referred to as per their original rankings before the Trial Court as complainant and accused to avoid the confusion and for the convenience of the Court.

4. The factual matrix of the case is that accused Nos. 1 and 2 issued a cheque dated 02.08.2006 for Rs. 2,30,00,000/- (Rupees two crores thirty lakhs) to the complainant towards discharge of debt. When the said cheque was presented, it was dishonoured with an endorsement 'funds insufficient' vide memo dated 03.08.2006. The complainant got issued a legal notice on 29.08.2006 both by RPAD and UCP and the same was served on the said accused persons but they have neither replied the notice nor complied the demand made in the legal notice. Hence, a complaint was filed and the accused were secured and denied the allegation and claimed trial.

5. The complainant, in order to prove his case, he h

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