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2021 Supreme(Kar) 936

H.B.PRABHAKARA SASTRY
Uday Shetty – Appellant
Versus
Yogesh Gudigar – Respondent


Advocates Appeared:
For the Appellant : Sri. Umesh Mulimani for Sri. S.V. Prakash.
For the Respondent: Sri. Venkatesh Somareddi for Sri. P.P. Hegde.

ORDER :

The present petitioner as the accused was tried by the Court of the learned Civil Judge (Jr.Dn.) & Judicial Magistrate First Class, Sagar, (hereinafter for brevity referred to as the "Trial Court") in C.C.No.706/2011, for the offence punishable under Sec. 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 dtd. 26/10/2013.

Aggrieved by the same, the accused preferred a Criminal Appeal in the Court of the V Additional District and Sessions Judge, Shivamogga sitting at Sagar (hereinafter for brevity referred to as the "Sessions Judge's Court") in Criminal Appeal No.273/2013.

The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge's Court in its judgment dtd. 8/7/2015 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court in C.C.No.706/2011.

Aggrieved by the impugned judgments and order on sentence, the accused has preferred this revision petition.

2. The summary of the case of the complainant in the Trial Court is that, the accused being well

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