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2022 Supreme(Kar) 1258

K. NATARAJAN
Pushpa – Appellant
Versus
B. P. Umesh – Respondent


Advocates appeared:
Shantappa B. Halli, Adv., for the Petitioner; T.N. Gopala Gowda, Adv., for the Respondents

JUDGMENT

K. Natarajan, J. - This petition is filed by the petitioner-accused under Section 482 of Cr.P.C. for setting aside the order passed by the XX Additional Chief Metropolitan Magistrate, Bengaluru in C.C. No. 24402/2018 dated 16.08.2022 on the application filed by the petitioner under Section 45 of the Indian Evidence Act, 1872.

2. Heard the arguments of learned counsel for the petitioner and learned counsel for the respondent.

3. The case of the petitioner is that the respondent is the complainant before the trial Court who filed a complaint under Section 200 of Cr.P.C. for the offence punishable under Section 138 of N.I. Act for having dishonour of the cheque for Rs. 10.00 lakhs said to be issued by the petitioner to the respondent. After taking the cognizance, the trial Court issued summons to this petitioner, he appeared before the Court and denied the charges. Thereafter, the complainant examined himself as witness, got marked the documents and the case of the accused was one of the total denial, wherein, the complainant has produced and marked Ex.P.12-the loan agreement which is said to be executed by the petitioner-accused on 23.09.2017 which was denied by the petitioner

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