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2024 Supreme(Kar) 112

M. NAGAPRASANNA
Hemachandra M. Kuppalli S/o Late K. B. Manappa – Appellant
Versus
R. B. Green Field Agro Infra Pvt Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Sri P.P.Hedge, Senior Advocate For Smt. Sharadi S.Shetty, Advocate
For the Respondent: Smt. K.P.Yashodha, HCGP

ORDER :

The petitioner is before this Court seeking a direction by issuance of a writ in the nature of mandamus for expeditious disposal of Execution Case No.640 of 2017 pending before the City Civil and Sessions Judge, Bengaluru and has also sought further slew of prayers including restoration of the order of conviction and sentence dated 26-08-2015 passed against the respondent No.1/accused No.2 in C.C.No.15698 of 2014 by the XXI Additional Chief Metropolitan Magistrate, Bengaluru.

2. Facts adumbrated are as follows:-

The petitioner is the complainant and respondent No.1 is accused No.2. The 1st respondent is the firm represented by its proprietor the 2nd respondent. For the sake of convenience both these respondents would be referred to as ‘respondent’ in this order. Both the petitioner and the respondent have a transaction and the transaction leads to issuance of a cheque by the respondent in favour of the petitioner for an amount of Rs.49/-lakhs drawn on Axis Bank Limited. The cheque when presented for realization was dishonoured for want of sufficient funds on 21-01-2014. The petitioner takes up legal proceedings against the respondent/accused before the learned Magistrate invok

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