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2023 Supreme(Kar) 324

RAJESH RAI K
F. Chandra – Appellant
Versus
Anitha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. M.A. SEBASTIAN, ADVOCATE
For the Respondent:SRI. CHANDRASHEKAR, ADVOCATE

JUDGMENT :

The complainant, in C.C No.40582/2008 on the file of XIV Addl. CMM, Bengaluru City, has preferred this appeal challenging the judgment and order dated 02.02.2012, whereby acquitting the accused/respondent for the offence punishable under Section 138 of Negotiable Instrument Act, 1981 (for short 'the Act').

2. I have heard the learned counsel for the appellant/complainant and the learned counsel for the respondent/accused.

3. It is the case of the complainant that the accused has presented herself as owner of site bearing No.25 situated at Vijinapura Village, K.R. Puram Hobli, Bangalore East Taluk, and the complainant purchased the same under the sale deed 25.05.2007. Subsequently, the accused executed the registered sale deed in favour of the complainant on 10.09.2007. Later, when the complainant went near the site, one Smt.A.Sadhana obstructed her by claiming that she is an absolute owner of the said property since she purchased the same vide sale deed dated 15.05.2002 from the vendor of the accused. She also stated that she has filed a case in O.S.No.7990/2007 before the City Civil Court, Bangalore against the accused and her husband. The copy of the caveat petition also

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