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2022 Supreme(Kar) 644

V. SRISHANANDA
Basavalingappa – Appellant
Versus
Madivalappa Bhimaraya Patil – Respondent


Advocates appeared:
Shivanand V.Pattanshetti, Advocate, Avinash A.Uplaonkar, Advocate

JUDGMENT

1. Heard Sri Shivanand V.Pattanshetti and Sri Avinash A.Uplaonkar learned counsel for the parties.

2. The present appeal is filed by the complainant in C.C.No.1505/2011 who obtained an order of conviction of the respondent herein for the offence punishable under Sec. 138 of the Negotiable Instrument Act (for short, 'N.I.Act') and was entitled to a sum of Rs.1,05,000.00 as compensation which was reversed and accused came to be acquitted of in Crl.A.No.24/2013.

3. Brief facts of the case are as under :-

    A complaint under Sec. 200 of Cr.P.C came to be filed by the appellant herein contending that accused has committed an offence punishable under Sec. 138 of N.I.Act and as the cheque issued by him towards his obligation in repaying the consideration amount of Rs.2,20,000.00, two cheques came to be dishonored and another cheque in a sum of Rs.1,00,000.00 came to be dishonored for stop payment and he sought for action against the accused.

    4. The complaint averments further reveal that the notice issued by him regarding the dishonor of cheques has been improperly replied and there was no compliance to the callings of notice, he was constrained to file a complaint before the learne

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