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2023 Supreme(Kar) 1150

M. G. UMA
Crescent Steels – Appellant
Versus
Model Infra Corporation Pvt. Ltd. – Respondent


Advocates appeared:
Dilip Kumar K., Advocate, Prashanth B.K., Advocate

JUDGMENT

1. The accused in CC No.548/2017 on the file of the learned XXV Additional Chief Metropolitan Magistrate at Bengaluru (hereinafter referred to as 'the trial Court' for brevity), is impugning the judgment of conviction and order of sentence dtd. 18/1/2019, convicting him for the offence punishable under Sec. 138 of Negotiable Instrument Act ('NI Act' for short) and sentencing to pay fine of Rs.6, 50, 000.00 and in default, to undergo simple imprisonment for one year, which was confirmed in Crl.A.No.346/2019 on the file of the learned LXII Additional City Civil and Sessions Judge, Bengaluru (hereinafter referred to as 'the First Appellate Court' for brevity) vide judgment dtd. 12/10/2021.

2. Brief facts of the case are that, the complainant represented by its authorized representative, filed the private complaint in PCR No.15289/2015 against the accused alleging commission of offence punishable under Sec. 138 of NI Act. It is alleged that the complainant- company engaged in the business of supplying fabrication to various industries. Accused No.1 is the proprietary concern and accused No.2 is its proprietor. The complainant was in need of steel plates used as raw materials in

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