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2025 Supreme(Online)(KAR) 2596

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
MR. JUSTICE H.P.SANDESH, J
Podamada N. Appaiah Son Of Late Nanjappa – Appellant
Versus
T.a. Balakrishna Son Of Late Achutha – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SRI. S.R.SREEPRASAD, ADVOCATE

ORAL JUDGMENT

1. Heard the learned counsel for the appellant and respondent though served, unrepresented.

2. This appeal is filed by the complainant against the dismissal of C.C.No.1048/2015 acquitting the accused. The case of the complainant before the Trial Court is that the accused is known to the complainant for many years, in the month of June 2009, the accused approached and asked the complainant to purchase his property for total consideration of Rs.15,00,000/-. Accordingly the accused executed a sale agreement in favour of the complainant and received Rs.15,00,000/- cash from the complainant. The accused promised the complainant that he would get ready the documents for registration in the month of November 2015. In the meantime, the accused tried to alienate the property, hence the complainant published a public notice in newspaper on 24.11.2015 stating his objection for the sale of property. That on 26.11.2015 the accused approached the complainant, requested him to cancel the sale agreement and issued a Cheque for Rs.15,00,000/-. Accordingly the complainant agreed to cancel the said agreement subject to encashment of the Cheque. When the said Cheque was presented for colle

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