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2023 Supreme(Kar) 1013

RAJENDRA BADAMIKAR
Rajesh Anchan – Appellant
Versus
K. B. Suresh – Respondent


Advocates appeared:
Sri. Rajashekar .S, Advocate, for the Petitioner; Sri. Pallava.R, Advocate, for the Respondent.

ORDER

1. This revision is filed under Section 397 r/w 401 of Cr.P.C., challenging the judgment of conviction and order of sentence passed in CC.No.1894/2014 dated 09.01.2017 on the file of JMFC (V Court), Mangaluru, for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (for short 'NI Act') and confirmed by I Additional Sessions Judge, Mangalore in Crl.A.No.18/2017 dated 16.07.2019.

2. For the sake of convenience, the parties herein are referred with the original ranks occupied by them before the trial Court.

3. The brief factual matrix leading to the case are that for urgent financial commitments accused had borrowed a sum of Rs.1,50,000/- from complainant as a hand loan. It is asserted that the accused being friend of complainant, he has paid the said sum and towards repayment the accused has issued the cheque dated 26.07.2014 for Rs.1,50,000/- and when the same was presented, it was dishonored for the reason 'Account closed'. The complainant then got issued a legal notice and the accused did not repay the loan amount and hence, the complaint came to be lodged.

4. On the basis of the complaint, the learned Magistrate has taken cognizance and issued proce

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