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2021 Supreme(Kar) 785

H.B.PRABHAKARA SASTRY
H. A. Veerachari, S/o. Neelakantachari – Appellant
Versus
Manjappa, S/o. Ningaiah – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. S.V. Prakash, Advocate
For the Respondent:Sri. Ganapathi, Advocate

ORDER :

The present petitioner as the accused was tried by the Court of the learned Additional Civil Judge (Sr.Dn.) and J.M.F.C. at Sagar (hereinafter for brevity referred to as the “Trial Court”) in C.C.No.14/2004, 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 04-04-2009.

Aggrieved by the same, the accused preferred a Criminal Appeal in the Court of the Fast Track Court, Sagar (hereinafter for brevity referred to as the “Sessions Judge’s Court”) in Criminal Appeal No.45/2009.

The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge’s Court in its order dated 05-03-2012 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court in C.C.No.14/2004.

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 is that, himself and accused were known to each other, since about six to eight years. Prior to the filing of the

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