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2024 Supreme(Kar) 207

M. NAGAPRASANNA
Mahathru Technologies – Appellant
Versus
Creative Infotech – Respondent


Advocates appeared:
Sri Anand Muttalli, Advocate, for the Petitioner; Sri M.T.Nanaiah, Sr. Advocate A/W Sri M.R. C.Manohar, Advocate, for the Respondent.

ORDER

M. Nagaprasanna, J. -

The petitioner/accused and the respondent/complainant were before the XI Additional Small Causes Judge and ACMM, Court of Small Causes in Bengaluru in C.C.No.60105 of 2018 for offences punishable under Section 138 of the Negotiable Instruments Act, 1881 ('the Act' for short). They are now before this Court calling in question an order dated 18-12-2023 passed by the concerned Court in C.C.No.60105 of 2018 on an application filed by the petitioner under Section 91 of the Cr.P.C., in which he consequently sought a prayer to allow the application filed by him in its entirety.

2. Heard Sri Anand Muttalli, learned counsel for the petitioner and Sri M.T.Nanaiah, learned senior counsel appearing for the respondent.

3. Facts, in brief, germane are as follows:-

The complainant and the petitioner had transactions between them. The transactions led to issuance of certain cheques by the petitioner in favour of the respondent. Those cheques having been dishonoured under the endorsement 'stop payment', the complainant knocks at the doors of the concerned Court invoking Section 200 of the Cr.P.C., by registering a case for offence punishable under Section 138 of the Act. T

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