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K.SOMASHEKAR
Annappa Maruti Magadum – Appellant
Versus
Karnataka Multipurpose Souhard Sahakari Ltd. – Respondent


Advocates:
Counsel for the Parties:
For the Petitioner:Sri. Sharad V. Magadum, Advocate
For the Respondent:Sri. Chetan Munnoli, Advocate

ORDER

K. Somashekar, J.—This petition is filed by the petitioner under Section 482 of Cr.P.C., challenging the order passed by the Court of the Principal Civil Judge and J.M.F.C., Chikkodi in *C.C. No.991/2014* dated 11.03.2019, whereby the trial Court had rejected the application filed by the petitioner – accused under Section 45 read with Section 73 of the Indian Evidence Act, 1872.

2. Heard the learned counsel for the petitioner and the learned counsel for the respondent.

3. The factual matrix of the case are as under:

The petitioner – accused is the member of complainant Karnataka Multipurpose Sahakari Ltd., Chikkodi and he had availed MTL loan of Rs.8,00,000/- on 09.03.2012 by executing necessary documents and agreed to pay interest at the rate of 15% per annum and in default, he had agreed to pay 3% as penal interest and promised to repay the loan amount in monthly installments of Rs.13,335/- regularly. It is further alleged that on several times, the complainant requested the accused to repay the loan amount and he had prolonged the matter by saying one or the other reason and it is alleged that on 23.07.2014, the accused issued a cheque bearing No.062807 dated 23.07.2014

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