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2022 Supreme(Kar) 99

H. P. SANDESH
A. Seating A Partnership Firm – Appellant
Versus
Nandini Modulars A Proprietorship Concern – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri Chethan A.C., Advocate
For the Respondent:Sri Ramesh P. Kulkarni, Advocate

ORDER :

This revision petition is filed praying this Court to set aside the judgment of the XII Additional and ACMM (SCCH-8), Bengaluru in C.C.No.12481/2017 dated 31.10.2019 convicting the petitioners herein for the offence punishable under Section 138 of the Negotiable Instruments Act (’N.I. Act’ for short) and to set aside the judgment of the LV Additional City Civil and Sessions Judge, Bengaluru in Crl.A.No.2458/2019 dated 17.09.2021 remanding the case to the Trial Court.

2. The factual matrix of the case of the respondent/complainant is that the complainant was running an industry in the name of M/s. Nandini Modulars. The accused gave an undertaking to the complainant that he will discharge the amount of Rs.13,58,921/-within 15 days and also issued four cheques as security to the said loan amount in favour of the complainant. On presentation of those cheques, the same were dishonoured with an endorsement as ‘funds insufficient’. Hence, the legal notice was issued on 03.02.2017 calling upon the accused to make payment of the dishonoured cheques amount and the said notice was duly served on the accused and inspite of service of notice, the accused had not complied with the same. He

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