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2023 Supreme(Online)(KAR) 19403

PRINCIPAL BENCH AT BENGALURU
SRI. GOUTHAM VENKI – Appellant
Versus
SRI. GURUMURTHY – Respondent


Though this matter is listed at the stage of

admission, the same is taken for final disposal with the

consent of learned counsel for the appellant.

2.

This appeal arises out of judgment dated

25.08.2018

passed

in

C.C.No.1031/2015

by

the

Principal Civil Judge and JMFC, Anekal, wherein the

learned JMFC acquitted the accused for the offences

punishable under Section 138 of Negotiable Instruments

Act, (for short hereinafter referred to as 'N.I. Act').

3.

Heard Sri.Srinivas, the learned counsel for

the appellant at the stage of admission itself.

4.

Though respondent is served, he remained

unrepresented.

- 3 -

5.

The

appellant

is

the

complainant

and

respondent is the accused before the Trial Court. They

will be referred as per their respective ranks held before

the Trial Court for the sake of convenience.

6.

In brief the case of the complainant is that

the complainant filed a private complaint under Section

200 of Code of Criminal Procedure (for short hereinafter

referred to as ‘Cr.P.C.) before the Principal Civil Judge &

JMFC, Anekal alleging that the accused has borrowed a

loan of Rs.4,00,000/- and issued the cheque which

came

to

be

dishonoured

with

an

endorsement

'insufficient f

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