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2022 Supreme(Kar) 1411

H. B. PRABHAKARA SASTRY
N. S. Kantharaju, S/o. Shambulingappa – Appellant
Versus
Shankara, S/o. Rame Gowda – Respondent


Advocates Appeared:
For the Petitioner: Sri. Rajith H.M., for Sri. Giridhar H.
For the Respondent: Sri. Lokesh D.K. for Sri. P. Nataraju & Associates.

ORDER :

Learned counsels from both side are physically present in the Court.

2. The present respondent, as a complainant had instituted a private complaint under Section 200 of the Code of Criminal Procedure, 1973, (herein for brevity referred to as "the Cr.P.C.") against the present petitioner, arraigning him as the accused, in the Court of the learned I Additional I Civil Judge and JMFC at Mysore, (hereinafter for brevity referred to as "the Trial Court") in C.C.No.359/2010, alleging the offence punishable under Sections 138 of the Negotiable Instruments Act, 1881 (hereinafter for brevity referred to as "the N.I. Act") against him.

3. After trial, the said case ended in acquittal of the accused by the judgment of the Trial Court dated 05-02-2013.

4. Aggrieved by the said judgment of acquittal, the complainant (present respondent) filed an appeal in Criminal Appeal No.92/2013, under Section 378 of the Cr.P.C., in the Court of the IV Additional Sessions Judge, Mysore (hereinafter for brevity referred to as "the Sessions Judge's Court").

5. After contest, the appeal preferred by the complainant came to be allowed and the impugned judgment of acquittal passed by the Trial Court came to be

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