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2023 Supreme(Kar) 1199

M. G. UMA
Maqsood – Appellant
Versus
Syed Rizwan – Respondent


Advocates appeared:
Gururaj Joshi, Advocate, Nachiket Joshi, Advocate, Ashwin Vaish, Advocate, Mohammed Saleha Mukarram, Advocate, Nazima Tasneem, Advocate

JUDGMENT

1. The accused in CC No.170/2014 on the file of the learned XXI Additional Chief Metropolitan Magistrate, Bengaluru City, (hereinafter referred to as 'the trial Court' for brevity) is impugning the judgment of conviction and order of sentence dtd. 27/7/2018, convicting him for the offence punishable under Sec. 138 of Negotiable Instrument Act ('NI Act' for short) and sentencing to pay fine of Rs.92, 10, 000.00, in default, to undergo simple imprisonment for a period of six months, which was confirmed in Crl.A.No.1678/2018 on the file of the learned LVI Additional City Civil and Sessions Judge, Bengaluru, CCH-57) (hereinafter referred to as the 'First Appellate Court' for brevity), vide judgment dtd. 23/12/2019.

2. Brief facts of the case are that, the complainant filed private complaint in PCR No.16462/2013 before the trial Court against the accused alleging commission of offence punishable under Sec. 138 of NI Act. It is contended that the accused introduced himself as son of Veteran artist Mehmood Ali and that one Masoom Ali is his elder brother. He also proclaimed that his elder brother Masoom Ali is the absolute owner in possession of the land bearing Sy.Nos.2 and 3 of

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