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2023 Supreme(Kar) 748

R. NATARAJ
G. T. Mahesh – Appellant
Versus
V. Narayana Reddy – Respondent


Advocates appeared:
Chokka Reddy, Advocate, Satish N., Advocate

JUDGMENT/ORDER

1. The petitioner has challenged the judgment of conviction and the order of sentence dtd. 1/7/2017 passed by the Principal Civil Judge and JMFC, Chintamani in C.C.No.465/2016 convicting him for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (henceforth referred to as ' N.I. Act ' for short) as well as the judgment dtd. 29/8/2020 passed by the II Addl. District and Sessions Judge, Chikkaballapura, sitting at Chintamani in Crl.A.No.59/2017.

2. The respondent herein filed a private complaint alleging an offence by the petitioner punishable under Sec. 138 of the N.I. Act. The order sheet discloses that the presence of the petitioner was secured by the Trial Court by issuing non-bailable warrant and thereafter, he was released on bail in terms of the order dtd. 6/6/2017. On the said date, the Trial Court recorded the plea of the petitioner. In the plea, it was shown that the petitioner had admitted his guilt. However, in the order sheet, it was recorded that the petitioner pleaded not guilty and claimed to be tried. He also filed an application under Sec. 145(2) of the N.I. Act. Thereafter, the case was listed on two dates for cross-examinat

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