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2023 Supreme(Kar) 1035

S. RACHAIAH
Mallikarjuna S. E. S/o. Mr. Eregowda – Appellant
Versus
Murali. M S/O. Sri. M. Mani – Respondent


Advocates appeared:
Sri. Prasanna D P, Advocate, for the Petitioner; Sri Shivakumar, Advocate, for the Respondent.

ORDER

1. This Criminal Revision Petition is filed by the petitioner, being aggrieved by the judgment of conviction and order of sentence dated 21.03.2017 in C.C.No.27012/2015 on the file of the Court of XXII Additional Chief Metropolitan Magistrate, Bangalore City and its confirmation judgment and order dated 20.07.2019 in Crl.A.No.538/2017 on the file of the Court of LX Additional City Civil and Sessions Judge, Bengaluru (CCH-61) has filed this revision petition seeking to set aside the concurrent findings recorded by the Courts below, wherein the petitioner / accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'N.I Act').

2. The petitioner is the accused before the Trial Court and the appellant before the Appellate Court.

Brief facts of the case are as under:

3. It is the case of the complainant that, the petitioner and the respondent were friends. The respondent along with one Sri.Kempegowda, Sri.Jaikar entered into an agreement of sale dated 01.03.2013 with one Sri.G.Srinivasa in respect of property Sy.No.9/2, Machohalli Village, Dasanapura Hobli, Bengaluru North Taluk (as per Ex.P6). It is further stated that the pe

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