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2022 Supreme(Kar) 1510

P. N. DESAI
T. R. S Kumar – Appellant
Versus
M. R. K. Murthy – Respondent


Advocates appeared:
Sri. Suresh Subbaiah., Advocate, for the Appellant; Sri. C.P. Dhananjaya., Advocate, for the Respondent

ORDER

1. This revision petition is filed by the petitioner challenging the judgment of conviction and order of sentence dated 04.05.2013 passed in Crl.A.No.492/2012 by the Fast Track-I, Bangalore City, wherein the judgment of conviction and order of sentence passed by XV Addl. Chief Metropolitan Magistrate in C.C.No.14875/2005 dated 19.07.2012 is affirmed, wherein the petitioner was found guilty for the offence punishable under section 138 of the Negotiable Instruments Act, (for short hereinafter referred as 'N.I. Act') and was sentenced to pay a fine of Rs.1,50,000/-, in default to undergo simple imprisonment for four months.

2. The complainant filed a complaint before the trial court alleging that the complainant and the accused are known to each other for past 10 years. In the month of April 2003, the accused approached the complainant for financial help and borrowed a hand loan of Rs.45,000/- in the first week of April 2003 and promised to repay the said amount within two years. Again the accused borrowed a hand loan of Rs.70,000/- and Rs.25,000/- from the complainant in month of July 2004. Thereafter, the accused issued two cheques dated 10.08.2004 for Rs.1,20,000/- and Rs.20,00

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