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2024 Supreme(Online)(KAR) 510

HIGH COURT OF KARNATAKA
MR V SRISHANANDA, J
SHREE. MALLIKARJUNA A – Appellant
Versus
SHREE RAJEEV REDDY @ CHANDRASHEKAR REDDY – Respondent


Advocates:
For the Appellants/Petitioners: SRI. N. JAGADISHA BALIGA
For the Respondents: SRI. GADILINGAPPA G.M

Table of Content
1. overview of the case involving dishonored cheques under an agreement. (Para 2 , 3)
2. dispute over justification of stop-payment within the context of the case. (Para 12 , 14)
3. court's analysis of the evidence supporting the conviction under section 138. (Para 15 , 18)
4. conclusive remarks and modification of the trial court's orders. (Para 21 , 23 , 25)

ORDER

2. These two revision petitions are filed by the revision petitioner challenging the order of conviction and sentence passed in CC Nos.9140/2010 and 9043/2010 which was confirmed in Criminal Appeal Nos.68/2017 and 67/2017 for the offence punishable under Section 138 of the Negotiable Instruments Act .

3.1. Accused and the complainant were dealers in the Ultra Motors Company. In respect of closure of the show rooms at Bengaluru and Mysore, there was an agreement between the accused and the complainant that the furniture, interior partition etc., which were available in the showroom and which were in possession of the complainant was given to the accused and value of those furniture, interior partition etc., were fixed at Rs.2,50,000/-.

4. The learned Trial Magistrate after taking cognizance, secured the presen

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