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H.N.NARAYAN
T. M. JAKKANNA @ TIPPANNA MALLAPPA JAKKANNAVAR – Appellant
Versus
RAJALAXMI TRADERS – Respondent


Advocates:
Counsel for the Parties :
For the Petitioners:Mr. S.P. Kulkarni, Advocate. For the Respondent:Mr. G. Shanthappa, Advocate.

JUDGMENT

H.N. Narayan, J. - This matter coming on for orders this day is taken up for final disposal by consent of the learned Counsels appearing on both sides, heard and disposed of by this order.

2. Petitioners herein who are accused 1 and 2 have assailed the order date 5.4.1999 passed in C.C. No. 931 of 1999 on the file of the JMFC, Chitradurga issuing process against them for an offence punishable under Section 138 for the Negotiable Instruments Act. Few facts necessary for disposal of this petition are stated as under :

The respondent herein presented a complaint under Section 142 of the Negotiable Instruments Act read with Section 200 of the Cr. P.C. inter alia contending that .accused I had issued a cheque for a sum of Rs.50,000/- knowing fully well that there was no sufficient fund in his account. The complainant issued a notice dated 22.2.1999 demanding the amount due and the said notice sent by registered post is duly served on the accused failed to pay the amount within 15 day from the date of service of notice, the complainant presented the said complaint to initiate criminal action and punish the accused in accordance with Section 138 of the Negotiable Instruments Act.
























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