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2023 Supreme(Kar) 395

RAJENDRA BADAMIKAR
Jeevitha Karthikeyan W/o S Karthikeyan – Appellant
Versus
Manjunatha Food Products – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Smt. Shrunga Somanna, Advocate for Sri. Somanna .B .A, Advocate
For the Respondent:Sri. K. Sundaram, Advocate

ORDER :

This revision is filed by accused challenging the judgment of conviction and order of sentence passed by XIII Addl. Chief Metropolitan Magistrate, Bengaluru (‘trial Court’ for short) in CC No. 15213/2014 Dated 27.07.2016 whereby the learned Magistrate has convicted the accused/revision petitioner herein for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (‘N.I. Act’ for short) and confirmed by LXIV Additional City Civil and Sessions Judge (CCH-65), Bengaluru, (‘Sessions Judge/Court’ for short), in Criminal Appeal No.1013/2016 vide judgment dated 17.01.2019.

2. For the sake of convenience, the parties herein are referred with the ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are that, the complainant and accused are known to each other since several years; The husband of accused- Jeevitha Karthikeyan and the Proprietor of the complainant-Firm are family friends; During the year 2011, the accused and her husband have jointly purchased a house property at Kumaraswamy Layout and at that time, they sought financial assistance from the complainant to clear the house loan dues; As per their request, the

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