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2023 Supreme(Kar) 944

S. RACHAIAH
H. B. Bhagyalakshmi W/o Late D. N. Madappa – Appellant
Versus
Cheluvamma W/o Late Raje Gowda – Respondent


Advocates:
Advocate Appeared:
For the Appellants : H.B. Rudresh, P.B. Ajit.
For the Respondent: Amruthesh C.

JUDGMENT :

S. RACHAIAH, J.

1. This appeal is filed by the complainant/appellant being aggrieved by the judgment and order of acquittal dated 26.10.2018 passed in C.C. No. 25323/2017 on the file of XII and XXXVII Additional Chief Metropolitan Magistrate (S.C.C.H-8), Bengaluru, wherein the Trial Court acquitted the accused/respondent for the offence punishable under Section 138 of the Negotiable Instruments Act (for short ‘N.I. Act’).

2. The rank of the parties in the Trial Court henceforth will be considered accordingly for convenience.

Brief facts of the case:

3. The complainant was working as a teacher and she knew the accused for several years. The accused in the month of July 2016 approached the complainant and requested the complainant to lend amount of Rs. 2,50,000/- for her granddaughter’s education and also for family necessities. The complainant agreed to pay the said amount. On 27.07.2016 and 08.11.2016, the complainant has paid Rs. 30,000/- twice in the name of the daughter of the accused through cheques. Again on 08.11.2016, the accused had requested to pay the amount of Rs. 1,90,000/- by way of cash. Considering her request, the complainant has paid the said amount in the pr

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