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2022 Supreme(Kar) 293

H. B. PRABHAKARA SASTRY
HERMAN CASTELINO – Appellant
Versus
SURESH KUDVA – Respondent


Advocates:
Advocate Appeared:
H. Pavana Chandra Shetty, M. Vijaya Krishna Bhat.

JUDGMENT :

H.B. Prabhakara Sastry, J.

1. The present petitioner as the accused was tried by the Court of the learned Principal Civil Judge and Judicial Magistrate First Class, Karkala, (hereinafter for brevity referred to as "the Trial Court") in Criminal Case No. 578/2014, 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. 18/12/2017.

Aggrieved by the same, the accused preferred a Criminal Appeal, in the Court of the learned Principal District and Sessions Judge, Udupi District, Udupi, (hereinafter for brevity referred to as "the Sessions Judge's Court") in Criminal Appeal No. 5/2018. The appeal was contested by the respondent who was the complainant in the Trial Court. The Sessions Judge's Court in its order dtd. 11/3/2019 dismissed the appeal, confirming the judgment of conviction and order on sentence passed by the Trial Court dtd. 18/12/2017 in C.C.No. 578/2014. Aggrieved by the said order, the accused has preferred this revision petition.

2. The summary of the case of the complainant in the Trial Co

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